Criminal Law_Inchoate Offenses (Incomplete Offenses)

Question 1

What are the three inchoate offenses?

Answer 1

1) solicitation
2) conspiracy
3) attempt

Question 2

What is solicitation?

Answer 2

Solicitation is asking someone to commit a crime with the intent that the crime be committed.
mental state: specific intent
completion unnecessary: the crime is in the asking (it doesn’t matter whether the other person agrees or whether the crime is actually committed.

Question 3

What is conspiracy?

Answer 3

required: AGREEMENT to commit a crime + AN OVERT ACT in furtherance of the crime

note: the agreement can be proven by conduct
overt act: any act, even if only preparatory + performed by any of the co-conspirators

Question 4

What mental state is required for conspiracy?

Answer 4

Specific intent to :

a) enter into an agreement
b) to accomplish the objectives of the conspiracy

Question 5

Is completion necessary for conspiracy?

Answer 5

No. The essence of the crime of conspiracy is the agreement.

Question 6

How many do you need for a conspiracy?

Answer 6

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

Question 7

What is the Wharton rule?

Answer 7

if the crime needs two or more people to commit a substantive offense, then there is no conspiracy unless more parties participate in the agreement than are necessary for the crime

Question 8

What is Vicarious pinkerton liability?

Answer 8

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

1) were committed in furtherance off the conspiracy’s objective
2) were forseeable

Question 9

Is “Impossibility” a defense to the charge of conspiracy.

Answer 9

no, impossibility is NOT a valid defense.