Inchoate crimes

Question 1

Inchoate crimes?

Answer 1

1. attempt
2. Conspiracy
3. Solicitation
4. THEY ARE ALL SPECIFIC INTENT

Question 2

Attempt?

Answer 2

Elements:

1. Have specific intent to do the crime
2. Take some sort of overt act or substantial step towards completing crime

Question 3

How much of an ‘act” do you need for attempt?

Answer 3

1. Most of the time you have to trust that they’ll give you the black and white answer. if it’s a grey area trust that they’ll be testing you on substantial step element and pick most specific element about substantial element.
2. I call you and say i am actually going to kill Dan Marino but i dont leave my couch or do anything about it. NOT ATTEMPT
3. Look for any physical furtherance of the crime at all

Question 4

Withdrawl from attempt?

Answer 4

You cannot withdraw from attempt

Question 5

Merger for attempt?

Answer 5

Crime of attempt does merge into the completed crime

Question 6

Common law conspiracy?

Answer 6

1. Two or more people agree to commit a crime. specific intent and agreement.
2. if one is a criminal and one is a fed, there is no conspiracy

Question 7

Model Penal Code Conspiracy?

Answer 7

1. Applies the unilateral theory of conspiracy
   1. One person alone is allowed commit conspiracy
2. Co-conspirator
   1. Co-conspirator will be guilty of any other crimes co-conspirator commits if it was in furtherance of the cons[iracy
   1. You and I agree to rob a bank. i get a flat tire but you make it. You take a kid hostage and kill the security guard. i am still liable.

Question 8

Merger for Conspiracy?

Answer 8

There is no merger. Conspiracy is a standalone crime.

Question 9

Withdraw for conspiracy?

Answer 9

Cant withdraw from conspiracy itself, but can withdraw from other crimes committed by conspirators in furtherance of the conspiracy if you withdraw before they’re committed.
1. ‘I dont do kidnappings, i’m out.” you won’t be liable for kidnapping

Question 10

Solicitation?

Answer 10

To encourage or entice another to commit a crime. Cheerleading you to of and do it with the the intent that you will do it.

Question 11

Withdraw for solicitation?

Answer 11

No. Once words come to of your mouth with the intent for you to commit the crime you are guilty

Question 12

Merger fo solicitation?

Answer 12

Yes, merges into other crime