Inchoate Crimes Flashcards
Attempt
attempts can often be done by only one person and they generally require some “substantial step” or “dangerous proximity” to the crime that is being attempted. Attempt always merges with the completed crime
Elements of Attempt
(1) Specific intent to commit crime
(2) Affirmative act in furtherance of the crime (substantial step or dangerous proximity)
(3) Failure to consummate the crime
Voluntary Abandonment of Attempted Crime
a person may voluntary abandon an attempt to commit a crime, but it must be voluntary. Being fought off does not count as abandonment, but leaving after being spoken to can because it signals a change in mens rea
Conspiracy
Can be a substantive offense and a mode of liability. Conspiracy does not merge with the crime that was being conspired and there are always at least two people involved in a conspiracy; generally required to be a bilateral agreement, however some jurisdictions will allow police officers to fake as conspirators and then charge with conspiracy (this doesn’t really make sense though when solicitation is a crime)
Elements of Conspiracy
(1) Agreement to commit an unlawful act between at least two people (act)
(2) Specific intent to achieve a particular unlawful result (mens rea)
(3) Overt act in furtherance of the conspiracy (additional act)
Overt act
Several things can constitute an “overt act”. Threatening speech can be an overt act (terrorism case)
Renunciation of Conspiracy
One may renounce conspiracy, but they must admit that they were involved in the conspiracy and not just blame others
Solicitation
almost always merges with the completed crime that was the object of the solicitation; only required to be a unilateral agreement
Elements of Solicitation
(1) Specific intent to commit the crime
(2) Person solicits, commands, hires, begs, requests, invites
(3) Another person to perform the crime
