Inchoate Crimes

Question 1

CL Criminal Attempt (3)

Answer 1

1. Intent to commit target offense
2. Dangerously close to committing target offense
3. Failed to complete target offense
   MENS REA: intent to commit target offense
   ACTUS REUS: dangerously close to committing the crime

Question 2

Modern Criminal Attempt

Answer 2

replace “dangerously close” with “taking a substantial step toward” (much easier to prove than other)
MENS REA: intent to commit target offense
ACTUS REUS: taking a substantial step toward

Question 3

Solicitation

Answer 3

1. The government must establish that D had the intent that another person engage in conduct constituting a crime
2. Government must prove that D commanded, induced, or otherwise endeavored to persuade the other person to commit the crime.

Question 4

CL Accomplice Liability (3)

Answer 4

1. Knowledge and the principal is committing a crime; and
2. Intentionally assists the principal in completing the crime; and
3. The crime is completed
   - NPC TEST
   MENS REA: knowledge that the principle is committing the crime
   ACTUS REUS: intentionally assists

Question 5

MPC Accomplice Liability (4)

Answer 5

1. Purposely facilitates or promotes the commission of a crime; and
2. Solicits, or aids, or agrees, or attempts to agree to committing the crime; and
3. With legal duty to prevent such a crime fails to do so; and
4. The crime is completed
   MENS REA: purposely facilitates or promotes
   ACTUS REUS: solicit aids or attempts to agree

Question 6

Common Law Conspiracy (5)

Answer 6

1. Agreement
2. Between two or more people
   (Only bilateral)
3. To commit a crime;
4. With the intent to form the agreement; and
5. With the intent to complete the target crime
   - mens rea: intent to form the agreement AND intent to complete the target crime
   - actus reus: forming agreement between two or more individuals to commit a crime (could be explicit or implicit, MEETING OF THE MINDS)

Question 7

MPC Conspiracy (6)

Answer 7

1. Agreement;
2. Between two or more people;
   Unilateral or bilateral
3. To commit a crime;
4. With the intent to form the agreement;
5. With the intent to complete the crime; and
6. An overt act (in furtherance)
   - mens rea: intent to form the agreement AND intent to complete the target crime
   - actus reus: forming agreement between two or more individuals to commit a crime (could be explicit or implicit, MEETING OF THE MINDS)

Question 8

Pinkerton Liability (3)

Answer 8

1. D conspired with the co-conspirator to commit the target crime
2. The additional crime was done in furtherance of the conspiracy
3. The additional crime was reasonably foreseeable result of the target crime

Question 9

Common Law Self-Defense (3)

Answer 9

1. Honest, subjective belief use of force is necessary to protect against;
2. Unlawful;
3. Imminent use of harm
   - stand your ground, duty to retreat, castle

Question 10

MPC Self-Defense

Answer 10

mens rea: what defendant honestly believes
- castle expanded to workplace
- rejects stand your ground
- embraces duty to retreat

Question 11

Stand Your Ground

Answer 11

(complete embrace of castle doctrine and rejection duty to retreat.) Deadly force can meet deadly force.

Question 12

Duty to Retreat

Answer 12

before using deadly force you must have no ability to retreat; some jurisdictions may apply this to one’s home as well.

Question 13

Castle Doctrine

Answer 13

one has no duty to retreat in their own “castle” AKA home.

Question 14

Provocation Doctrine

Answer 14

Test for recovering right to self defense:
1. Makes a clear disengagement from conduct
2. Attacker is not at risk of harm from disengage