Inchoate Crimes Flashcards
What are the 3 inchoate crimes?
attempt, conspiracy, solicitation
attempt is a
crime all by itself
Elements of Attempt
(1) intent to commit the crime
(2) overt act or substantial step towards completing the crime
[TIP] do not mix up the elements of attempt with…
the underlying crime
if testing you on attempt, make sure your answer is about attempt
does attempt merge?
yes it merges into COMPLETED crime
cannot be guilty of both attempt and the underlying completed crime
can you withdraw from attempt?
cannot withdraw after a substantial step
elements of common law conspiracy
(1) 2 or more people (so if its an undercover cop and 1 bad guy then you are not guilty)
(2) specific intent to commit crime
(3) agreement
weird hypo from the MPC called unilateral conspiracy
only ONE person has to agree
so if its an undercover cop and 1 bad guy you are okay
[TIP] apply common law unless
the facts tell you otherwise
do NOT apply MPC unless told to
what is the liability of a co-conspirator?
a co-conspirator is liable for all crimes committed in furtherance of conspiracy
Does conspiracy merge?
No. One can be convicted of both conspiracy and commiting the offense.
DOES NOT merge into completed crime
still guilty of it independently
guilty of both conspiracy and underlying crime
Can You Withdraw From a Conspiracy?
No, conspiracy is complete once it is created. But can withdraw from liability for future crimes in furtherance of the conspiracy by TIMELY notice to co-conspirators
aka before they have a chance to commit the crime
If i say no kidnapping when we rob bank and u go in and kidnap - I am NOT guilty of it because I told you before hand
Solicitation
the act of requesting or strongly urging someone; encourage, urge, or incite another to commit a crime
trying to egg somebody on
Does Solicitation Merge Into the Crime?
yes it merges into completed crime
cannot be guilty of both solicitation and the underlying completed crime
can you withdraw from solicitation
CANNOT withdraw
