Inchoate Crimes Flashcards
Attempt Reqs (Common Law/ Minority)
Mens Rea = intent to commit crime
Actus Reus = Dangerous-proximity test – performs act sufficiently close to completing target offense
==> so close that target offense is essentially unstoppable
look for overt act does not satisfy DP Test
Attempt Reqs (MPC/ Majority)
Mens Rea = intent to commit crime
Actus Reus = Substantial-step test – engages in conduct that exceeds mere preparation & strongly corroborates criminal intent
General Attempt Def
Attempt requires proof that the defendant
(1) had the specific intent to commit a crime,
(2) performed an overt act in furtherance of the intended crime, but
(3) did not complete it.
Not about elements of underlying offense… its about intent + act
Solicitation
Common-law solicitation occurs when a defendant
(1) entices, encourages, or commands another to commit a crime
(2) with the specific intent that the person commit that crime.
Solicited party need not agree to commit crime
Conspiracy
- MPC/ Majority: 1 guilty mind + overt act
- CL/ Minority: 2 guilty minds
Guilty mind = SI to commit crime
Attempt Defense
Most jurisdictions recognize abandonment as a defense to attempt when a person completely and voluntarily turns away from a crime before completing it.
**Abandonment is not voluntary if it is motivated by:
**
1. a desire to avoid detection
2. a decision to delay the commission until a more favorable timeor
3. the selection of another similar objective or victim.