inchoate

Question 1

attempt

Answer 1

attempt occurs when a person, with the intent to commit a criminal offense, engages in conduct that constitutes the beginning of the perpetration of, rather than mere preparation for, the target offense

Question 2

attempt merger?

Answer 2

yes

Question 3

mens rea of intent

Answer 3

1. the actor must intentionally commit the acts that constitute the actus reus of an attempt.
   2.the actor must commit the actus reus of an attempt with the specific intent to commit the target offense.

Question 4

attempt… specific or general?

Answer 4

specific

Question 5

MPC actus reus of attempt

Answer 5

substantial step

Question 6

dangerous proximity test

Answer 6

This standard is not satisfied unless the conduct “is so near to the result that the danger of success is very great.” In this regard, courts consider three factors: proximity to completion of the offense; the severity of the threatened harm; and the degree of societal apprehension felt as the result of the defendant’s conduct. The more serious the offense, the less close the actor must come to completing the offense to be convicted of attempt.

Question 7

Last Act Attempt

Answer 7

an attempt occurs at least by the time of the last act, but no jurisdiction requires that it reach this stage on all occasions.

Question 8

Unequivocality Test

Answer 8

This test provides that a person is not guilty of a criminal attempt until her conduct ceases to be equivocal, i.e., her conduct, standing alone, demonstrates her criminal intent.

Question 9

physical proximity test

Answer 9

actor’s conduct must approach sufficiently near to the completed offense “to stand either as the first or some subsequent step in a direct movement toward the commission of the offense after the preparations are made.

Question 10

factual impossibility

Answer 10

occurs when factual circumstances preclude the completion of a crime, such as when a defendant tries to kill someone with an unloaded gun. Factual impossibility is never a defense to an attempt crime.

Question 11

legal impossibility

Answer 11

• pure: when actor believes their conduct is criminal, but in actuality it is not, may be a defense.
• hybrid: when actor’s goal is illegal but commission of the offense is impossible due to a mistake by the actor regarding the legal status of some factual circumstances relevant to their conduct.

Question 12

Abandonment

Answer 12

A defendant is not criminally liable for attempt if his plans never go beyond mere contemplation

Question 13

solicitation

Answer 13

she intentionally invites, requests, commands, or encourages another person to engage in conduct constituting a felony or a misdemeanor involving a breach of the peace or obstruction of justice

Question 14

does merger apply to solicitation?

Answer 14

Yes

Question 15

actus reus of solicitation

Answer 15

consummated when the actor communicates the words or performs the physical act that constitutes the invitation, request, command, or encouragement of the other person to commit an offense.

Question 16

is solicitation a specific or general intent crime?

Answer 16

specific

Question 17

conspiracy

Answer 17

an agreement between two or more persons to commit an unlawful act or series of unlawful acts (does not need to be criminal)

Question 18

does merger apply to conspiracy?

Answer 18

no

Question 19

mens rea of conspiracy

Answer 19

1. the parties must intend to form an agreement (the actus reus of the conspiracy).
2. they must intend that the object(s) of their agreement be achieved. This second intent makes conspiracy a specific-intent offense.

Question 20

is conspiracy a specific or general intent offense

Answer 20

specifc

Question 21

wharton’s rule

Answer 21

If a crime by definition requires two or more persons as willing participants, there can be no conspiracy to commit that offense if the only parties to the agreement are those who are necessary to the commission of the underlying offense.

Question 22

exceptions to wharton’s rule

Answer 22

1. Wharton’s Rule does not apply if the two conspirators are not the parties necessary to commit the offense;
2. Wharton’s Rule does not apply if more persons than are necessary to commit the crime are involved in the agreement to commit the crime

Question 23

legislative exemption rule

Answer 23

A person may not be prosecuted for conspiracy to commit a crime that is intended to protect that person

Question 24

Abandonment

Answer 24

Although abandonment, or withdrawal, from a conspiracy is not a defense to prosecution of the crime of conspiracy, a person who withdraws from a conspiracy may avoid conviction for subsequent offenses committed in furtherance of the conspiracy by other members of the conspiracy if the abandoning party communicates his withdrawal to every other member of the conspiracy