Inchoate Crimes

Question 1

Inchoate

Answer 1

Crimes committed prior to or in preparation for a more serious offense.

Question 2

Inchoate Crimes

Answer 2

Solicitation
Attempt
Conspiracy

Question 3

Conspiracy Elements

Answer 3

1. Agreement between 2 or more people to pursue an unlawful objective
2. Specific intent by at least 2 people (common law) or 1 person (MPC) to pursue that unlawful objective
3. An overt act (mere prep will suffice)

Question 4

Solicitation Elements

Answer 4

1. Asking someone to commit a crime
2. Specific intent that that crime be committed

Question 5

Attempt Elements

Answer 5

1. Specific intent to commit the underlying crime
2. An overt act in furtherance of the crime (mere prep not enough)
   -MPC = substantial step in the direction of commission of the crime
   -Traditional = proximity test (act be dangerously close to successful completion of the crime)

Legal impossibility is a defense
Factual impossibility is not a defense
Abandonment is not a defense at common law; MPC allows abandonment if voluntary and complete