Defenses to Inchoate Crimes

Question 1

Renunciation

Answer 1

Where you change your mind ‣ change of mind must be complete, voluntary, and must communicate this to the other person that you are taking it back (if you solicited someone) and if you are trying to get out of a conspiracy then the abandonment must be complete and must be communicated to the co conspirators

Question 2

Doctrine of Merger

Answer 2

◦ Cant be charged with multiple things that merge into each other
‣ the only inchoate offense that does not merge is conspiracy because you would be charged both with the target crime and with the conspiracy

Question 3

Impossibility

Answer 3

◦ there is legal impossibility and factual impossibility and this usually applies to the law of attempt
◦ legal impossibility: what you were trying to do wasnt even a crime
◦ Factual: the circumstance was not what you thought it was and so therefore you cannot be charged with the crime