Inchoate Crimes Flashcards

1
Q

2 elements of conspiracy

A

1) Agreement to commit a felony (can be inferred)

2) The specific intent to commit the felony

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2
Q

Is an over act required in VA ?

A

No, Because the crime of conspiracy is complete and punishable as soon as the agreement takes place with the necessary mens rea

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3
Q

How many people does it take to conspire ?

A

2 or more. If only one person truly agrees, there is no conspiracy

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4
Q

If a undercover cop agrees to commit a felony with 1 other person is there a conspiracy

A

No, because the cop did not truly agree

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5
Q

Wharton’s rule

A

When the substantive offense, by definition, requires agreement by 2 parties, the D cannot be punished for conspiracy (prostituion drug buyer-seller)

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6
Q

Can you be charged with conspiracy and the substantive offense ?

A

Yes

However, there is an exception. You cannot be charged with conspiracy for a substantive offense after being convicted of that SAME offense

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7
Q

Pinkerton Doctrine

A

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

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8
Q

How to withdraw from conspiracy

A

Inform all co-conspirators

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9
Q

Is Withdrawal a defense to a conspiracy charge ?

A

No, but it will limit liability under the Pinkerton Doctrine

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10
Q

2 Elements of Attempt

A

1) Specific intent to commit the crime

2) A direct, substantial act towards the crime

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11
Q

How much action is necessary for there to be an attempt ?

A

More than mere preparation (just buying the gun isnt enough)

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12
Q

No attempt for negligence crime

A

Because there is not intent in that crime

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13
Q

Can you claim impossibility for a defense to attempt ?

A

No

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