Inchoate Crimes Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Inchoate Crimes

A

incomplete crimes that require specific intent

Solicitation: trying to get someone else to commit your crime

Attempt: almost committing a crime. must cross line from preparation to perpetration

Conspiracy: planning to commit a crime with someone else. crossed line from thinking to collective preparation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Solicitation

A

Enticing, advising, inciting, inducing, urging, or encouraging another to commit the target offense.

cannot withdraw solicitation

solicitation until crime is committed then it is merged into accomplice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Attempt

A

(1) specific intent or purpose to bring about a criminal result; and
(2) a significant overt act in furtherance of that intent that proves defendant went past point of preparation.

Common Law: The defendant is required to perform the last act necessary to achieve the intended result.

Model Penal Code: An act is sufficient as long as it is a “substantial step” toward commission that indicates a purpose to complete the offense.

Many Jurisdictions use the proximity test: Ask how close in time and physical distance the defendant was to the time and place the target offense was to be committed.

Some jurisdictions use the equivocality test: The defendant’s conduct unequivocally indicates that he was going to complete the target offense.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Conspiracy

A

Common law does not require an overt act; the agreement itself is a crime.

Modern majority rule requires an overt act in furtherance of the conspiracy. Beginning preparation to commit the crime is all that is required; it can be very trivial (unlike the requirement in attempt where the defendant must go beyond preparation to beginning perpetration).

Co-conspirator liability/Pinkerton Doctrine: Each co-conspirator is liable for the crimes of all other co-conspirators where the crimes were both a foreseeable outgrowth of the conspiracy AND committed in furtherance of a conspiratorial goal.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Wharton Rule

A

If the target offense requires two or more people as a necessary element they cannot be convicted of a conspiracy to commit the crime. But, if the agreement involves an additional person not essential to the definition of the crime, the “third-party exception” allows for all parties to be convicted of conspiracy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly