Criminal Law - Inchoate Offenses

Question 1

3 Inchoate Offenses

Answer 1

1. Solicitation
2. Conspiracy
3. Attempt

Question 2

Solicitation - Definition

Answer 2

When you ask someone to commit a crime, with the intent that the crime be committed

Question 3

Solicitation - Mental State

Answer 3

Specific Intent

Question 4

Solicitation - Completion Unnecessary

Answer 4

The crime is in the asking

Note: it doesn’t matter whether the other person agress or crime is committed

Note 2: Doesn’t have to be the asking to do a specific intent crime

Question 5

Conspiracy - Require Acts (Definition)

Answer 5

An agreement between 2 or more people to commit a crime, plus and overt act in furtherance of the crime

Question 6

Conspiracy - Required Acts (Agreement)

Answer 6

Need not be “express” can be proved by conduct - a “concert of actions” toward a common goal

Question 7

Conspiracy - Required Acts (Overt Act)

Answer 7

Any act, even if merely in preparation, performed by any of the co-conspirators

Question 8

Conspiracy - Mental State

Answer 8

The specific intent to do 2 things:

1. Enter into an agreement; and
2. to accomplish the objectives of the conspiracy

Question 9

Conspiracy - Completion Unnecessary

Answer 9

The “essence” of the crime of conspiracy is the agreement; completion of the conspiratorial objective is unnecessary for conviction

Question 10

Conspiracy - One Person Conspiracy? (Common Law)

Answer 10

NO

Question 11

Conspiracy - One Person Conspiracy? (Common Law; Bilateral Approach)

Answer 11

There must be at least 2 guilty minds, both of whom actually agree to accomplish the conspiracy’s objectives

Question 12

Conspiracy - One Person Conspiracy? (Common Law; Related Rule)

Answer 12

If all other parties to the agreement are aquitted the last remaining defendant cannot be convicted

Question 13

Conspiracy - One Person Conspiracy? (MPC)

Answer 13

Yes. Under the Unilateral Approach of the MPC, a D may be guilty of conspiracy even if the other parties are aquitted or were just pretending to agree

Question 14

Conspiracy - One Person Conspiracy? (Wharton Rule)

Answer 14

When two or more people are necessary for the commission of the substantive offense, there is no conspiracy unless MORE parties participate in the crime than are necessary for the crime

Question 15

Conspiracy - Vicarious (“Pinkerton”) Liability

Answer 15

In addition to conspiracy, a D will be held liable for OTHER crimes committed by his co-conspirators, so long as those crimes:

1. were committed in furtherance of the conspiracy’s objective, AND
2. were foreseeable

Question 16

Conspiracy - Impossibility

Answer 16

Impossibility is NEVER a defense to a charge of conspiracy

Question 17

Attempt - Required Acts (General Requirement)

Answer 17

Unlike conspiracy, attempt requires an overt act beyond mere preparation

Question 18

Attempt - Required Acts (Common Law “Proximity” Test - Better for the D)

Answer 18

The D must engage in conduct that gets dangerously close to the commission of the crime

Question 19

Attempt - Required Acts (Majority/MPC “Substantial STep” Test - Better for the Prosecution)

Answer 19

The D must engage in conduct that constitutes a substantial step towards the commission of the crime, provided that conduct strongly corroborates the actor’s criminal purpose

Question 20

Attempt - Mental State (The Rule)

Answer 20

Attempt requires the specific intent to commit the underlying crime

Question 21

Attempt - Mental State (Unintentional Crimes)

Answer 21

You cannot attempt unintentional crimes, since you cannot intend to do something unintentional. Practically speaking, this means that there are no attempt versions of:

(a) recklessness crimes, OR
(b) negligent crimes, OR
(c) felony murder

Question 22

Withdrawal / Abandonment / Renunciation - General Rule

Answer 22

Withdrawal is NOT a defense

Question 23

Withdrawal / Abandonment / Renunciation - Exception

Answer 23

Once a D withdraws from a CONSPIRACY, he will no longer be liable for crimes committed by his co-conspirators AFTER he left the conspiracy

Question 24

Withdrawal / Abandonment / Renunciation - Exception to the Exception

Answer 24

However, the defendant is still guilty of conspiracy and of all foreseeable crimes committed by his co-conspirators PRIOR to his withdrawal

Question 25

Merger Rules for Inchoate Offenses

Answer 25

1. Solicitation and Attempt merge with the complete crime
2. Conspiracy does NOT merge with crime