Inchoate crimes Flashcards
Incohate
Attempt, solicitation, and conspiracy
Attempt
an act done in an attempt to commit a crime that falls short of completion
a) the intent to commit a specific crime AND
b) an overt act in furtherance of the crime
Solicitation
The crime of asking someone to join in a crime with the intent that the other person commit the crime or participate, just preparation, requires the least amount of proof by the prosecutor
a) asking, indicting, counseling
b) with the intent to commit a crime
Conspiracy
a) an agreement between two or more people
b) an intent to enter into the agreement
c) an intent by at least two people to achieve the CRIMINAL object of the agreement
Unilateral approach (MPC)
Requires that only one party have genuine criminal intent; a defendant can be convicted of conspiracy if they conspire with one person who is an undercover police officer or CI
Bilateral approach (common law)
Requires at least two guilty minds, two people who are actually committed to the illegal plan, if one person is only feigning agreement, there is no conspiracy
Chain
The conspirators each do their own role, but the actions of each conspirator benefit the overall conspiracy
Pinkerton rule
Determines when individuals can be convicted of a substantive crime they didn’t directly commit. It upholds that all conspiracy members are liable for their co-conspirators’ substantive crimes intended to further the conspiracy
Wheel
Interact separately with peripheral coconspirators in furtherance of the conspiracy
Wharton’s rule
Prohibits the prosecution of two persons for conspiracy to commit a particular offense when the offense in question can only be committed by at least two persons
Vicarious liability
The overt act of one member of a conspiracy is attributable to all other members of the conspiracy
a) the government proves beyond a reasonable doubt the existence of a conspiracy
b) that the substantive offense was committed in furtherance of the conspiracy, AND
c) that the substantive offense was reasonably foreseeable as a natural outgrowth of the conspiracy
Accomplice liability
Play a role in a crime committed by another
Aiding and abetting
The mere presence at a crime scene does not amount to culpability
Encouragement
Equivalent of conduct that by any means approves the criminal conduct
a) associating with the person who committed the crime before, during, or after the crime
b) acting as a part of a show of force in the commission of the crime
c) attempting flight from the crime scene AND
d) failing to assist the victim or seek medical help
