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Crim Law > Inchoate Crimes > Flashcards

Inchoate Crimes Flashcards

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1
Q

Inchoate crimes

Definition of solicitation

A

Asking someone else to commit the target offense

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2
Q

Attempt

Required for attempted murder

A
  1. Specific intent to kill
  2. Commission of a direct
  3. Ineffectual
  4. Act toward
  5. Accomplishing the intended killing
    * Must go beyond mere preparation - putting plan into action
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3
Q

Accomplice

Specific intent from Decker solicitation to kill

A

“Are you sure you want to go through with it?” –» “I’m 100% sure”

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4
Q

Accomplice

Commission of an overt act putting plan into motion from Decker

A
  1. Researched killers
  2. Budgeted to pay for services
  3. Evaluated how and where murder should be done
  4. Tested level of security
  5. Considered how to handle witnesses
    * Preparation amounted to an attempt - Payment amounted to solicitation
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5
Q

Accomplice

MPC for multiple inchoate crimes

A

Under MPC someone cannot be charged with more than one inchoate crime

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6
Q

Murder Conspiracy

What is the mens rea for conspiracy?

A

Specific intent

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7
Q

Murder Conspiracy

What elements must be shown?

A
  1. Knowingly
  2. Joined relevant agreement
  3. With purpose to kill
  4. Conspiracy’s target
    * Can only to be to commit murder - not manslaughter or negligent homicide
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8
Q

Accomplice

Paradigmatic example of involuntary manslaughter as accomplice

A

Give drunk friend keys to go racing and friend kills someone while driving

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9
Q

Accomplice Liability

What is accomplice liability?

A

Holding a party liable for a crime that someone else committed

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10
Q

Accomplice Liability

18 U.S.C. §2

A

You can be punished in same way as principal for aiding, abetting, counseling, commanding, inducing, or procuring

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11
Q

Accomplice Liability

How is accomplice’s conviction connected to principal’s?

A

Accomplice’s liability is independent of principal - principal may be acquitted and accomplice can still be convicted

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12
Q

Actus Reus of Accomplice Liability

Common law approach

A
  • Aiding the principal’s offense
  • Encouraging the principal’s offense or
  • Omitting performance of legal duty to prevent offense
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13
Q

Actus Reus of Accomplice Liability

What constitutes “encouraging the offense” under common law?

A

Principal must know that accomplice
* intends his presence to be a sign of encouragement or
* is willing to aid principal in the offense if called upon

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14
Q

Actus Reus of Accomplice Liability

Under MPC §2.06(3)(a)

A
  • Same as common law +
    1. If person, w/ purpose of promoting or
    2. facilitating
    3. the commission of the offense
    4. Agrees to aid or
    5. Attempts to aid
    6. other person in planning or committing
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15
Q

Actus Reus of Accomplice Liability

Takeaway from Romero-Garcia tax stamp

A

Not necessary that accomplice know that tax stamps were not affixed in order to aid and abet;
only had to knowingly participate, then or assist a drug dealer, possession or distribution

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16
Q

Actus Reus of Accomplice Liability

What is aiding and abetting?

A
  1. Need to participate in or
  2. assist in the crime and
  3. share in the criminal intent
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17
Q

Actus Reus of Accomplice Liability

Various permutations but all require:

A

That D in some sort
1. associate himself w/ the venture
2. participate in it as something he wishes to bring about
3. seek by action to make it succeed

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18
Q

Conspiracy

What must be present to show conspiracy?

A

Agreement - there must be a meeting of the minds

19
Q

Conspiracy

What is the Pinkerton rule?

A

A conspirator who is going to be guilty of conspiracy can also be guilty of the substantive offense that was the object of the conspiracy if it was
1. done in furtherance of the conspiracy and
2. it was within the scope of the conspiracy and
3. it was reasonably foreseeable

20
Q

Conspiracy

Takeaway from Colon drug sale

A

To show conspiracy
1. Need proof of agreement to commit crime
2. other than the drug sale itself
* Relationship of buyer/seller does not constitute conspiracy

21
Q

Inchoate Crimes

What are inchoate crimes?

A
  1. Crimes that are committed
  2. somewhere along the way
  3. toward the commission of another crime
  4. that may never, in fact, be completed
22
Q

Inchoate Crimes

What are the 3 inchoate offenses?

A
  1. Attempt
  2. Solicitation
  3. Conspiracy
23
Q

Attempt

Define attempt

A
  1. Criminal offenses
  2. that consist of conduct
  3. that would constitute a completed offense,
  4. except that one element of the actus reus is missing
24
Q

Attempt

Punishment for attempt

A

Often given lesser punishment but MPC punishes attempt on same level as completed crime

25
Q

Attempt

How are multiple convictions handled?

A

If target offense is completed in same transaction -» D cannot be convicted on charges of attempt
* But if attempt and target committed in separate transactions then multiple convictions ok

26
Q

Common Law Attempt

How to satisfy mens rea

A

If D intends to commit the crime

27
Q

Common Law Attempt

How to satisfy actus reus

A

D comes dangerously close to completing the crime and causing the actual harm

28
Q

Common Law Attempt

Takeaway from McElroy pill popper

A

Thought pills were drugs: factual impossibility is not a defense if D did everything he thought he had to do to complete the offense

29
Q

Common Law Attempt

How is legal impossibility addressed?

A

If the completed act would still not be a criminal act it is a valid defense

30
Q

MPC 5.01 Attempt - Mens Rea

MPC §5.01(1) definition

A

Guilty of attempt if acting with culpability otherwise required for commission of crime

31
Q

MPC 5.01 Attempt

MPC §5.01(1)(a) definition

A

Purposely engages in conduct which would constitute the crime if the attendant circumstances were as he believes the to be

32
Q

MPC 5.01 Attempt

MPC §5.01(1)(b) definition

A

When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part

33
Q

MPC 5.01 Attempt

MPC §5.01(1)(c) definition

A

Purposely does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in commission of the crime

34
Q

MPC 5.01 Attempt

Conduct that may be held as a substantial step

A
  1. Lying in wait, searching for, or following the contemplated victim
  2. Enticing the victim to come to the place contemplated for the commission of the crime
  3. Reconnoitering the place contemplated for the commission of the crime
35
Q

MPC 5.01 Attempt

Conduct shall not constitute a substantial step unless . . .

A

It is strongly corroborative of the actor’s criminal purpose

36
Q

MPC 5.01 Attempt

Mens rea for MPC attempt

A

“purpose”

37
Q

MPC 5.01 Attempt

Actus reus for MPC attempt

A
  1. Attendant circumstances were as he believes them to be
  2. Did what he thought would cause result
  3. Incomplete conduct - “substantial step”
38
Q

MPC 5.01 Attempt

What is “strongly corroborative”?

A

Refers to what is going on inside D’s head

39
Q

Attempt

General rule for liability

A

D must have the mens rea of specific intent to commit the target offense

40
Q

MPC 5.01(4) Renunciation

What is needed for affirmative defense?

A

Renunciation/abandonment must be:
1. Voluntary and
2. Completed (permanent; not contingent or postponement)

41
Q

How to use withdrawal as defense for solicitation

A

Under circumstances manifesting voluntary and complete renunciation and thwarts the solicited offense (MPC)

42
Q

How to use withdrawal as defense for conspiracy

A

CL: If conspirator notifies and neutralizes any assistance;
MPC: prevents the commission of the offense/thwarts success of conspiracy

43
Q

How to use withdrawal as defense for attempt

A

Under circumstances manifesting a complete and voluntary renunciation of criminal purpose (MPC)

Crim Law (11 decks)

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