Inchoate Crimes

Question 1

Accomplice Liability - what if D’s conduct is an element of the crime

Answer 1

no accomplice liability because completion of the crime requires D’s conduct

Question 2

Conspiracy - “furtherance”

Answer 2

all co-cons may be convicted of all substantive crimes committed by co-con in furtherance of conspiracy

Question 3

is attempt a general or specific intent crime?

is voluntary intox a defense?

Answer 3

specific

yes

Question 4

Is an overt act required for conspiracy under MPC? under CL? modernly?

Answer 4

MPC - yes
CL - no
modernly - yes

Question 5

What is the Wharton rule?
does it apply under MPC?
if no conspiracy, can D be found guilty of the underlying crime?

Answer 5

fi 2+ ppl are needed for the conspriacy, no conspiracy unless more parties than needed to complete the crime agree
n/a to MPC
yes can be guilty of underlying crime

Question 6

what are the elements of solicitation? defense?

Answer 6

1. Asking, inducing, urging, or otherwise encouraging another
   2. to commit an actual crime (no attempt)
   3. with the intent that other person commits the crime

DEFENSE: renunciation if it thwarts the crime

Question 7

can someone be convicted of both solicitation and attempt? and conspiracy?

Answer 7

yes; yes

Question 8

what are the elements of attempt? defenses

Answer 8

1. An intent to bring about a criminal outcome +
   an act beyond mere preparation in furtherance of that intent

defenses:
- under MPC: abandonment (not a defense under CL)
- 2. Legal impossibility: Attempt to do a legal act that was thought to be a crime but is no crime
- 3. NOT a defense: Factual impossibility (crime cannot be completed b/c of physical or factual condition unknown to Δ)

Question 9

what are the elements of conspiracy under CL? under MPC? which is the majority? which applies to MBE?

Answer 9

1. an agreement b/w 2+ persons to commit a crime/accomplish an unlawful purpose, 2)
2. an intent to enter into such an agreement, and
3. an intent to achieve the same objective of the agreement (“meeting of guilty minds”)
4. MPC - an overt act (mere preparation will suffice)

Question 10

for conspiracy is tacit understanding enough or are express words needed?

Answer 10

no words are needed

Question 11

how many are required for conspiracy at CL? MPC?

Answer 11

2+ for CL; 1 for MPC

Question 12

what is the pinkerton doctrine?

Answer 12

Each conspirator is liable for the crimes of all other co-conspirators where the crimes were a foreseeable outgrowth of the conspiracy + committed in furtherance of the conspiratorial goal

Question 13

is w/d a defense to conspiracy at CL? MPC?

Answer 13

1. CL: May only cut off further liability
   i. conspiracy
   i) if withdrawal is timely communicated to co-conspirators before overt act, can escape liability for conspiracy
   ii) if overt act has been committed, still liable for conspiracy
   ii. completed crime
   i) w/d by informing co-con or authorities
   MPC: Renouncing party must give timely notice to all members + affirmatively thwart conspiracy

Question 14

is factual impossibility a defense to conspiracy? legal?

Answer 14

no; maybe

Question 15

when is a D liable as an accomplice?

Answer 15

Δ is liable as an accomplice if he aided or encouraged (or omitted action with duty to act) the principal’s commission of a crime, with intent to encourage the principal commit the crime

Question 16

what is the extent of accomplice liability?

Answer 16

e to same extent as principal for the crime counseled and for any other crimes by the principal that were probable or foreseeable (objectively natural consequences of the crime assisted)

Question 17

what defense under CL and MPC?

Answer 17

Withdrawal
1. CL: Withdraw w/ timely notice to principal + nullify prior assistance è can cut off future liability
MPC: 1) Render prior assistance ineffective, 2) provide police with timely warning, or 3) make a proper effort to prevent the perpetrator from committing the crime

Question 18

would someone who sells an instrumentality of the crime knowing it would be be used for that crime be an accomplice?

Answer 18

yes