Inchoate Crimes

Question 1

3 types Inchoate Crimes

Answer 1

ACS
Attempt
Conspiracy
Solicitation

Question 2

Attempt

Answer 2

• Crime all by itself
  1. Have the intent to commit the crime
  2. Take an overt act (substantial step) towards completing the crime

Question 3

Conspiracy

Answer 3

1. Two or more people
2. Specific intent to commit crime
3. Agreement

Under MPC unilateral theory: only 1 person on their own has to come to an agreement by themselves with the specific intent to commit a crime and then they will be guilty of conspiracy

 AKA: only one person has to agree
 If they don’t tell you its MPC then you need two or more people

Question 4

Co-Conspirator

Answer 4

will be guilty of any other crime their co conspirator commits in furtherance of the underlying conspiracy.

AKA liable for all crimes committed in furtherance of conspiracy

Question 5

Solicitation

Answer 5

You encourage, urge, entice another to commit a crime. You egg them on

You have the intent that the crime should be completed. I want you to go rob the bank.

Question 6

Attempt: merger/ withdrawal

Answer 6

o Merges into completed crime
o Cannot withdraw after substantial step

Question 7

Solicitation: merger/ withdrawal

Answer 7

o Merges into completed crime
o Cannot withdraw

Question 8

Conspiracy: Merger and withdrawal

Answer 8

o Does NOT merge into completed crime
o Guilty of both conspiracy and underlying crime

o Cannot withdraw from the conspiracy
o Can withdraw from other crimes committed by timely notice