Inchoate Crimes Flashcards
Accomplice Liability - what if D’s conduct is an element of the crime
no accomplice liability because completion of the crime requires D’s conduct
Conspiracy - “furtherance”
all co-cons may be convicted of all substantive crimes committed by co-con in furtherance of conspiracy
is attempt a general or specific intent crime?
is voluntary intox a defense?
specific
yes
Is an overt act required for conspiracy under MPC? under CL? modernly?
MPC - yes
CL - no
modernly - yes
What is the Wharton rule?
does it apply under MPC?
if no conspiracy, can D be found guilty of the underlying crime?
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
what are the elements of solicitation? defense?
- 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
can someone be convicted of both solicitation and attempt? and conspiracy?
yes; yes
what are the elements of attempt? defenses
- 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)
what are the elements of conspiracy under CL? under MPC? which is the majority? which applies to MBE?
- an agreement b/w 2+ persons to commit a crime/accomplish an unlawful purpose, 2)
- an intent to enter into such an agreement, and
- an intent to achieve the same objective of the agreement (“meeting of guilty minds”)
- MPC - an overt act (mere preparation will suffice)
for conspiracy is tacit understanding enough or are express words needed?
no words are needed
how many are required for conspiracy at CL? MPC?
2+ for CL; 1 for MPC
what is the pinkerton doctrine?
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
is w/d a defense to conspiracy at CL? MPC?
- 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
is factual impossibility a defense to conspiracy? legal?
no; maybe
when is a D liable as an accomplice?
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
what is the extent of accomplice liability?
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)
what defense under CL and MPC?
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
would someone who sells an instrumentality of the crime knowing it would be be used for that crime be an accomplice?
yes
