Inchoate Crimes Flashcards
2 elements of conspiracy
1) Agreement to commit a felony (can be inferred)
2) The specific intent to commit the felony
Is an over act required in VA ?
No, Because the crime of conspiracy is complete and punishable as soon as the agreement takes place with the necessary mens rea
How many people does it take to conspire ?
2 or more. If only one person truly agrees, there is no conspiracy
If a undercover cop agrees to commit a felony with 1 other person is there a conspiracy
No, because the cop did not truly agree
Wharton’s rule
When the substantive offense, by definition, requires agreement by 2 parties, the D cannot be punished for conspiracy (prostituion drug buyer-seller)
Can you be charged with conspiracy and the substantive offense ?
Yes
However, there is an exception. You cannot be charged with conspiracy for a substantive offense after being convicted of that SAME offense
Pinkerton Doctrine
All co-conspirators are agents of each other and are liable for any crimes committed:
1) during the conspiracy
2) in furtherance of the conspiracy
3) and are reasonably foreseeable that those crimes would occur as a consequence of the conspiracy
How to withdraw from conspiracy
Inform all co-conspirators
Is Withdrawal a defense to a conspiracy charge ?
No, but it will limit liability under the Pinkerton Doctrine
2 Elements of Attempt
1) Specific intent to commit the crime
2) A direct, substantial act towards the crime
How much action is necessary for there to be an attempt ?
More than mere preparation (just buying the gun isnt enough)
No attempt for negligence crime
Because there is not intent in that crime
Can you claim impossibility for a defense to attempt ?
No