Inchoate Crimes

Question 1

Elements of Conspiracy:

Answer 1

(1) two or more parties enter into an agreement; (2) an intent to enter into the agreement to complete a crime; (3) with the intent that the underlying crime be completed

Question 2

What is the unilateral approach to conspiracy?

Answer 2

• Modern approach

- only one party needs a criminal intent for a defendant to be convicted of conspiracy

Question 3

What is the common law approach to conspiracy?

Answer 3

• Bilateral approach
• Need at least TWO defendants with requisite criminal intent to be guilty of conspiracy
• if one person is faking agreement, the other party could not be convicted

Question 4

Is conspiracy a specific intent crime?

Answer 4

Yes, (1) intent to agree; and (2) intent to achieve the goal of the conspiracy is required

Question 5

Are acts/ statements of co-conspirators admissible against a conspirator?

Answer 5

Only if made in furtherance of the conspiracy

Question 6

Does merger apply to conspiracy?

Answer 6

No- a defendant may be convicted of the conspiracy and the underlying crime

Question 7

A conspirator may be liable for crimes committed by his co-conspirators if…

Answer 7

(1) done in furtherance of the conspiracy; and (2) were foreseeable

Question 8

Is withdrawal a defense to conspiracy?

Answer 8

(1) you cannot withdraw from the original conspiracy; BUT (2) withdrawal may be a defense to crimes committed in furtherance of the conspiracy if withdrawal is effect

Question 9

Elements of Attempt:

Answer 9

(1) specific intent to commit a crime; and (2) overt act in furtherance of the crime

Question 10

Does merger apply to attempt?

Answer 10

Yes- a defendant charged with attempt may not be convicted of the completed crime