Inchoate Crimes

Question 1

Inchoate Crimes

Answer 1

Solicitation
Conspiracy
Attempt

Question 2

Solicitation

Answer 2

Culpable conduct - Solicitation of another to commit a crime

Mental State - Specific intent that person solicited commit the crime

Overt Act - No act (other than the solicitation)

Merger into substantive offense - Yes

Withdrawal a Defense - Generally no

Question 3

Conspiracy

Answer 3

Culpable Conduct - agreement between two or more people to commit a crime

Mental State - Specific Intent to: 1) enter into agreement; and 2) achieve objective

Overt Act - Act in furtherance of the conspiracy (no act was required under CL)

Merger into substantive offense - no

Withdrawal a defense - No, except for further crimes of co-conspirators.

Question 4

Attempt

Answer 4

Culpable Conduct - performance of an act that would be a crime if successful

Mental State - Specific intent to commit the particular crime attempted

Overt Act - MPC: substantial step test (traditional rule - act dangerously close to success)

Merger into substantive offense - yes

Withdrawal a defense - generally no

Question 5

Defense to Inchoate Crimes

Answer 5

Abandonment
Legal Impossibility

Question 6

Abandonment

Answer 6

CL - not a defense
MPC - complete abandonment that is fully voluntary.

Question 7

Legal Impossibility

Answer 7

Having completed all acts that they had intended, would have committed no crime, they cannot be guilty of an attempt to do the same if they fail to complete all intended acts.

Legal Impossibility is a defense, albeit rare.