Inchoate Crimes Flashcards
Attempt
Criminal attempt: act done with intent of committing crime but falls SHORT of completing crime; two elements:
(i) specific intent to commit target offense
(ii) overt act in furtherance of that intent
* Overt act: an act beyond mere preparation
* Majority: substantial step toward commission of crime (that strongly shows D’s criminal intent)
Attempt ALWAYS requires specific intent, even if the crime itself doesn’t.
Doctrine of Merger: cannot prosecute person for both solicitation and target offense
Abandonment: not a defense once substantial steps have begun
* Factual impossibility also not defense
* Legal impossibility defense if acts D intends to commit aren’t actually a crime
Solicitation
(a) asks or requests someone to commit crime
(b) Specific intent that the solicited person commit the crime
* Intent is INFERRED
If party solicited actually commits crime, solicitor is liable for the crime
* If person solicited refuses, it’s not a defense
Doctrine of Merger: cannot prosecute person for both solicitation and target offense
Conspiracy
(i) Agreement between two or more people to commit crime or accomplish lawful purpose through unlawful means
(ii) intent to enter into agreement
* Common Law: conspiracy requires two guilty minds (if one person pretending/is undercover cop, other person can’t be convicted of conspiracy)
* Modern Trend: conspiracy requires only one guilty mind
(iii) intent by 2+ people to achieve objective of agreement
(iv) Majority: requires overt act in furtherance of conspiracy
Modern View: D can be convicted of both conspiracy and target offense
Liability for Other Co-Conspirators
* Conspirator liable for crimes committed by other co-conspirators if they were (a) foreseeable and (b) committed in furtherance of conspiracy
Defense: Withdrawal
* Must communicate intent to withdraw to all conspirators BEFORE crime (only protects against liability for target crime)
* Will still be guilty of conspiracy
Accomplice Liability
Always analyze witih conspiracy
Modern Statutes: ALL parties to crime can be guilty of primary offense IF:
(i) accomplice acts with intent to aid, abet, or counsel principal
(ii) before or during commission of crime
Accomplice liable for any foreseeable/probable crimes committed in course of committing the primary offense
Defenses - only available if done before crime becomes unstoppable
* if person encouraged, repudiate encouragement
* if person provided material (gun), do everything to retrieve it
* or notify police/take action to prevent crime
Common law: distinguished between principals, accomplices, and accessories before and after the fact.
Accessory After the Fact
Person who receives, relieves, or assists person who he knows has committed felony to help felony escape arrest, trial, or conviction is liable for obstruction of justice
* Crime committed by principal must be felony
* Crime must be completed at time accessory helps
* Not liable for crimes of the principal
