Inchoate Crimes

Question 1

Attempt - Elements

Answer 1

1. Mental State: the specific intent to commit a crime
2. Act: an act in furtherance of a crime (beyond mere preparation)

Question 2

Attempt - Act Standards

Answer 2

1. MPC/Majority- a substantial step that is strongly corroborative of the criminal purpose
2. Common Law- Dangerous Proximity Test
   
   1. This is conduct that gets dangerous close to completing the offense
   2. This looks at what the D has left to do rather than what he has done
3. Michigan- a direct movement toward the commission of the crime that would lead immediately to its completion.

Question 3

Defenses to Attempt

Answer 3

1. impossibility
2. Abandonment

Question 4

Defenses to Attempt: Impossibility

Answer 4

1. Factual Impossibility: the crime could not hav been committed due to Dis mistake of fact (this is not a valid defense)
2. True Legal Impossibility: the “crime” that the D attempts to commit is actually not illegal (ex: transporting fireworks D thinks this illegal but are not) - this is a defense

Question 5

Defenses to Attempt: Abandonment

Answer 5

1. Majority Rule: abandonment is not a defense to attempt
2. MPC and some states: a complete and voluntary abandonment is a defense of D did not plan to postpone the crime or did not abandon for fear of being caught - has be an actual change of heart
3. Michigan: voluntary abandonment is a defense to attempt

Question 6

Conspiracy - Elements

Answer 6

1. An agreement (express or implied) by two or more people to commit a crime
   
   • Common Law and Michigan: there must be two guilty minds who wish to accomplish the objectives of the agreement
   • MPC: the “unilateral approach” - a D may be guilty of a conspiracy even if the other party was acquitted or was just pretending to agree to commit the crime
2. an overt act in furtherance of the crime
   
   1. MI does not require - MI requires the express or implied agreement to commit an illegal act
3. Mental State- the specific intent to enter into the agreement and to accomplish the adjectives of conspiracy

Question 7

What is a D liable for in a conspiracy case?

Answer 7

1. conspiracy to commit the crime, and
2. all other crimes committed by their co-conspirators so long as the crimes were foreseeable and in furtherance of the conspiracy

Question 8

What effect does a D’s withdrawal from a conspiracy have?

Answer 8

D is still liable for conspiracy but not liable for crimes committed in furtherance of the conspiracy after withdrawal

Question 9

Does conspiracy merge?

Answer 9

No, the D can be convicted of conspiracy and the crime itself

Question 10

Solicitation

Answer 10

1. Defendant requests, encourages, advises, or commands that someone commit a crime,
2. with the specific intent that the crime is committed

Question 11

If someone requests someone else commit a crime and the crime is committed, what is the solicitor liable for?

Answer 11

Either the crime itself or solicitation, but not both

Question 12

Defenses to Solicitation

Answer 12

1. Factual Impossibility: not a defense (ex: the person solicited an undercover cop)
2. Changing One’s Mind: not a defense (cannot un-ask a question)