Inchoate Crimes

Question 1

Conspiracy - CL

Answer 1

An agreement between two or more people to commit an unlawful act.

Question 2

Conspiracy - MPC/Federal Law

Answer 2

Adds a fourth element: the performance of an overt act in furtherance of the conspiracy. The overt act can be lawful or unlawful as long as it furthers the conspiracy.

Note: MPC does not require an overt act if the conspiratorial crime is a felony in the first or second degree.

Question 3

Chain Conspiracy

Answer 3

Co-conspirators are engaged in an enterprise consisting of many steps; each participant is liable for the substantive crimes of his co-conspirators.

Example: Conspiracy to distribute drugs

Question 4

Spoke-Hub Conspiracy

Answer 4

Involves many people dealing with a central hub; participants are not liable for the substantive crimes of their co-conspirators because each spoke is treated as a separate agreement rather than one larger general agreement.

Question 5

Withdrawal From Conspiracy

Answer 5

CL: It’s impossible to withdraw from a conspiracy because the crime is committed the moment the agreement is made.

Federal and MPC: A conspirator can withdraw PRIOR to the commission of any overt act by communicating her intention to withdraw to all other conspirators or by informing law enforcement. AFTER an overt act, a conspirator can withdraw only by helping to thwart the success of a conspiracy.

Question 6

Attempt

Answer 6

This is a specific intent crime with two requirements: (1) specific intent to commit a particular criminal act, and (2) substantial step towards perpetrating the crime.

Note: Attempt is a specific-intent crime even when the completed offense is only a general-intent crime.

Question 7

Solicitation

Answer 7

Occurs when an individual intentionally invites, requests, or commands another person to commit a crime.

If the person agrees, the crime is conspiracy instead.

If the person commits the offense, the solicitation charge will merge into the completed offense.