Inchoate Crimes Flashcards
How can a defendant limit his liability as a co-conspirator for the substantive crimes that are the subject of the conspiracy?
By withdrawing from the conspiracy at any time after it is formed by
(i) giving notice to his co‑conspirators or
(ii) timely advising legal authorities of the existence of the conspiracy.
Note: There is no requirement that the defendant thwart the conspiracy.
Under modern law, what inchoate crimes merge?
Solicitation and attempt merge with the completed crime.
Conspiracy does not merge with the completed crime.
Note: A defendant may be concurrently prosecuted for, but not convicted of, more than one inchoate offense designed to culminate in the commission of the same crime.
Under the common law and the MPC, is renunciation a defense to solicitation?
Common law: Renunciation was no defense to solicitation.
MPC: Voluntary renunciation may be a defense, provided the defendant thwarts the commission of the solicited crime.
What are the two elements of a criminal attempt?
An attempt requires:
(i) A substantial step toward the commission of a crime; coupled with
(ii) The specific intent to commit the crime.
Note: Conduct does not constitute a substantial step if it is in mere preparation; the act must be conduct that tends to effect the commission of a crime. Additionally, note that attempt is a specific-intent crime, regardless of the intent required for attempted crime itself.
What is the effect of withdrawal on liability for the conspiracy itself (three approaches)?
Common law: Withdrawal never a defense
Federal/Majority rule: May only withdraw after the agreement but before an overt act has been committed, by (i) communicating notice of his intent not to participate to the other potential co-conspirators or (ii) informing the police about the agreement.
MPC/Minority view: May only withdraw by acting voluntarily to “thwart the success” of the conspiracy.
What are the three elements of common-law solicitation?
Solicitation is the:
(i) Enticing, encouraging, requesting, or commanding of another person;
(ii) To commit a crime;
(iii) With the intent that the other person commits the crime.
Under the majority and MPC rules, what elements are added to and/or removed from the common-law elements of conspiracy?
The Majority/MPC rules:
(i) Add the requirement of an overt act in furtherance of the conspiracy (but the MPC does not apply this requirement if the conspiratorial crime is a felony); and
(ii) Remove the requirement of “two or more persons,” allowing unilateral conspiracies.
