Inchoate Flashcards
What are the elements of attempt
mens rea - specific intent to commit the object crime
actus reus
- common law test: judgement call on how far ∆ has progressed towards completing the crime
- MPC: substantial step test
how do you assess actus reus for attempt under the common law test
judgement call on how far ∆ has progressed. consider
- physical proximity
- unequivocally clear intent to commit crime
- dangerous proximity
how do you assess actus reus under the MPC substantial step test
something strongly corroborative of intent do the crime like:
- lying in wait
- enticing victim
- reconnaissance (but if it’s just this, probably not enough)
- unlawful entry of the building
- possession of materials for the crime
soliciting an innocent agent to engage in an element of the crime
MERE PREP is not enough
why is the bar so high for actus reus for attempt
we don’t want to criminalize stuff that normally is lawful like buying a shovel
how do you abandon an attempt under the common law
- abandonment is timely and efficacious (∆ hasn’t done a lot yet or is able to stop the harm)
- abandonment is voluntary
when is abandonment an affirmative defense under the MPC
if the actor completely and voluntarily abandoned the crime or prevented its commission
when will intent transfer for attempted murder
intent will always transfer if you
ATTEMPT to kill someone and
ACTUALLY kill someone
but if you attempt to kill someone and just injure someone else, intent does not transfer
except: kill zone theory
what is kill zone theory
if you commit the intended murder in a way that poses danger to bystanders and you kill them too, then you also had the mens res to kill the bystanders
does intent for attempted premeditated murder transfer?
majority: only works on people actually killed, not injured
does attempt merge
yes, if you complete the crime, you’re not liable for the attempt
is impossibility a defense for attempt if you were never going to be able to succeed anyway?
no, because you believe you are committing a crime, and it would be a crime, you’re liable
can you attempt recklessness
no
what are the elements of solicitation
mens rea - specific intent to solicit a person
actus reus - generally, urging or paint someone to do the crime
the words are the crime!
does it matter for solicitation if the message never gets delivered
no, once you sent it, it’s over
does there have to be an attempt for soliciation
no
how do you renounce solicitation
have to stop the crime from being committed
does solicitation merge
yes
what are the elements of aiding and abetting
mens rea: need to act with intent to aid or encourage WITH the goal of the principal completing the crime
actus reus: assisting principal in some way
what could count as actus reus for aiding and abetting
- doens’t have to be something big
- could be inferred
- could be thwarting an attempt to warn victim
- could be taking away a victim’s chance to escape
- could be standing as lookout
- the crime doesn’t have to get committed, just attempted
- mere presence isn’t enough
what happens with result crimes for aiding and abetting
requires an actus reus of criminal or dangerous conduct (the act at hand) WITH reckless or negligent mens rea about harmful results of the act
what’s the majority view for accomplice liability for secondary crimes in aiding and abetting
∆ can’t be held liable for a secondary crime unless ∆ had purpose or advance knowledge
what’s the minority view for accomplice liability for secondary crimes
no advance knowledge requird
how do you renounce being an accomplice
terminate the complicity prior to the act AND
stop the crime altogether OR
tell the cops/ intended victim
what are the elements of conspiracy
mens rea - intent to form conspiracy (agreement) AND
intent to accomplish object crime
actus reus - agreement to commit a crime AND an overt act in furtherance
what counts as an overt act in furtherance of the crime for conspiracy actus reus
basically anything, could be super small, could be mere prep
how do you assess if supplier had mens rea to join the conspiracy
factors:
- supplier has stake in operation
- illegal operation constitute high proportion of supplier’s biz
- no other legit purposes exist for the goods or services provided
what’s the temporal scope for conspiracy
continuing offense – starts at agreement and goes on and on
what is common law secondary crime liability for conspiracy
Pinkerton - will be liable for secondary crimes if
secondary crime was in furtherance of the conspiracy and
secondary crime was foreseeable
what does the MPC say about secondary crime liability for conspiracy
you’re not liable for unforeseeable acts of others
how do you abandon conspiracy under common law
affirmative act withdrawing from conspiracy AND
must tell co-conspirators
obviously must be before the crime happens
how do you abandon conspiracy under MPC
must communicate that you’re withdrawing AND must successfully thwart the criminal enterprise
does conspiracy merge
NO
how do you show that conspiracy is different from the object crime, since it doesn’t merge
same elements test - just need one different element between conspiracy and the crime
