Inchoat Crimes

Question 1

Attempt

Answer 1

CL - Defendant 1) takes a substantial step towards perpetration of an intended crime, 2) had specific intent to commit crime and 3) apparent ability to commit crime

MPC - Defendant is in 1) dangerous proximity of completing the crime, 2) has specific intent to commit crime and 3) apparent ability to commit crime.

Merger - Merges with completed crime.

Withdrawal:

Common Law - No withdrawal if zone of perpetration entered.

MPC - Withdrawal allowed if voluntarily and successfully abandoned.

Impossibility - Factual not a defense;

Legal:

CL - Defense

MPC - Not a defense, unless intended conduct is not a crime.

Question 2

Solicitation

Answer 2

Intent to induce another to commit a crime.

Merger - Will merge with attempt, conspiracy or completed offense.

Liability - Solicitor is guilty of attempt or completed crime committed by solicitee.

Withdrawal:

Common Law - Withdrawal is not a defense to solicitation, defendant can avoid liability for attempted or completed crime.

MPC - Withdrawal allowed as defense if complete, voluntary abandonment of intent to commit crime.

Impossibility - No defense.

Question 3

Conspiracy

Answer 3

CL - An agreement between two or more parties to commit a crime or accomplish a lawful purpose by unlawful means. No overt act needed.

MPC - An agreement between two or more parties to commit a crime. An overt act is required. Over act is defined as any step toward the furtherance of the crime and the act of one conspirator is sufficient for all.

Defendants must have specific intent to agree and to accomplish crime and agreements can be made by conduct.

Feigned Agreement (Agreement with a Cop):

CL - No conspiracy

ML - Conspiracy, unilateral conspiracy allowed when defendant had intent to commit crime.

Merger - Does not merge with target crime

Liability (Pinkerton’s Rule) - Each conspirator is chargeable with all crimes in furtherance of or the natural and probable consequences of the crime. Effective withdrawal will prevent liability for further crimes.

Withdrawal:

CL - No defense.

ML - Defense if complete, voluntary abandonment, timely and effectively communicated to all conspirators.

Impossibility - No Defense