Inchoate

Question 1

What are the elements of attempt

Answer 1

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

Question 2

how do you assess actus reus for attempt under the common law test

Answer 2

judgement call on how far ∆ has progressed. consider

• physical proximity
• unequivocally clear intent to commit crime
• dangerous proximity

Question 3

how do you assess actus reus under the MPC substantial step test

Answer 3

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

Question 4

why is the bar so high for actus reus for attempt

Answer 4

we don’t want to criminalize stuff that normally is lawful like buying a shovel

Question 5

how do you abandon an attempt under the common law

Answer 5

• abandonment is timely and efficacious (∆ hasn’t done a lot yet or is able to stop the harm)
• abandonment is voluntary

Question 6

when is abandonment an affirmative defense under the MPC

Answer 6

if the actor completely and voluntarily abandoned the crime or prevented its commission

Question 7

when will intent transfer for attempted murder

Answer 7

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

Question 8

what is kill zone theory

Answer 8

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

Question 9

does intent for attempted premeditated murder transfer?

Answer 9

majority: only works on people actually killed, not injured

Question 10

does attempt merge

Answer 10

yes, if you complete the crime, you’re not liable for the attempt

Question 11

is impossibility a defense for attempt if you were never going to be able to succeed anyway?

Answer 11

no, because you believe you are committing a crime, and it would be a crime, you’re liable

Question 12

can you attempt recklessness

Answer 12

no

Question 13

what are the elements of solicitation

Answer 13

mens rea - specific intent to solicit a person

actus reus - generally, urging or paint someone to do the crime

the words are the crime!

Question 14

does it matter for solicitation if the message never gets delivered

Answer 14

no, once you sent it, it’s over

Question 15

does there have to be an attempt for soliciation

Answer 15

no

Question 16

how do you renounce solicitation

Answer 16

have to stop the crime from being committed

Question 17

does solicitation merge

Answer 17

yes

Question 18

what are the elements of aiding and abetting

Answer 18

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

Question 19

what could count as actus reus for aiding and abetting

Answer 19

• 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

Question 20

what happens with result crimes for aiding and abetting

Answer 20

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

Question 21

what’s the majority view for accomplice liability for secondary crimes in aiding and abetting

Answer 21

∆ can’t be held liable for a secondary crime unless ∆ had purpose or advance knowledge

Question 22

what’s the minority view for accomplice liability for secondary crimes

Answer 22

no advance knowledge requird

Question 23

how do you renounce being an accomplice

Answer 23

terminate the complicity prior to the act AND

stop the crime altogether OR

tell the cops/ intended victim

Question 24

what are the elements of conspiracy

Answer 24

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

Question 25

what counts as an overt act in furtherance of the crime for conspiracy actus reus

Answer 25

basically anything, could be super small, could be mere prep

Question 26

how do you assess if supplier had mens rea to join the conspiracy

Answer 26

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

Question 27

what’s the temporal scope for conspiracy

Answer 27

continuing offense – starts at agreement and goes on and on

Question 28

what is common law secondary crime liability for conspiracy

Answer 28

Pinkerton - will be liable for secondary crimes if

secondary crime was in furtherance of the conspiracy and

secondary crime was foreseeable

Question 29

what does the MPC say about secondary crime liability for conspiracy

Answer 29

you’re not liable for unforeseeable acts of others

Question 30

how do you abandon conspiracy under common law

Answer 30

affirmative act withdrawing from conspiracy AND

must tell co-conspirators

obviously must be before the crime happens

Question 31

how do you abandon conspiracy under MPC

Answer 31

must communicate that you’re withdrawing AND must successfully thwart the criminal enterprise

Question 32

does conspiracy merge

Answer 32

NO

Question 33

how do you show that conspiracy is different from the object crime, since it doesn’t merge

Answer 33

same elements test - just need one different element between conspiracy and the crime