Inchoate Crimes

Question 1

Merger

Answer 1

D may be tried, but not punished, for (i) solicitation and the completed crime; (ii)
attempt and the completed crime; (iii) under the MPC, more than one inchoate offense (but
conspiracy and attempt do not merge under the CL)

FL Distinction—separate crimes from one criminal episode are punished separately
except (i) offenses requiring identical elements of proof, (ii) offenses that are statutory
degrees of the same offense, or (iii) lesser-included offenses

Question 2

Solicitation

Answer 2

Solicitation
* Enticing, encouraging, requesting, or commanding another person;
* To commit a crime;
* With the intent that the other person commits the crime.
* Renunciation (MPC)—voluntary renunciation may be a defense if D thwarts the
commission of the solicited crime

FL Distinction—renunciation may be a defense if D manifests complete and
voluntary renunciation of criminal purpose and dissuades the other or prevents the
commission of the offense

Question 3

Conspiracy

Answer 3

Conspiracy
* An agreement;
* Between two or more persons (bilateral conspiracy);
* To accomplish an unlawful purpose;
* With the intent to accomplish that purpose.
* Unilateral conspiracy—may be formed when only one party actually agrees (modern
trend and MPC; not recognized under common law)
* Overt act

FL Point of Law—where one of two conspiring persons is an officer acting in the
discharge of her duties, the other cannot be convicted of conspiracy

Question 4

Withdrawal from Conspiracy

Answer 4

Withdrawal
Federal/majority rule—withdrawal is possible after the agreement and
before the commission of an overt act, but D must give notice to coconspirators or give timely notice to police

MPC/minority rule—subsequent withdrawal is possible only if D acts
voluntarily to “thwart the success” of the conspiracy

FL Distinction—withdrawal is only a defense if D manifests a complete, voluntary
renunciation of his criminal purpose and dissuades the other or prevents the
commission of the offense