Inchoate Crimes

Question 1

Inchoate Offenses

Answer 1

• Step toward commission of another crime, the step itself being enough to merit punishment
• a crime is committed even though the objective was not met

Question 2

Criminal Attempt

Answer 2

1. Overt act,
2. done with Specific Intent but falls short of committing the crime

Question 3

Overt Act

Answer 3

Outward act, however innocent, done in furtherance of attempted crime
- lying in wait

Question 4

Attempt

Answer 4

• means to try
• implies intent to bring about desired outcome

Question 5

Focus of criminal attempt MPC

Answer 5

how much has already been done

Question 6

Substantial Step

Answer 6

• overt act that strongly corroborates the firmness of actors criminal intent
• need not be last act

Question 7

substantial step ex.’s

Answer 7

• lying in wait
• reconnoitering
• unlawfully entering structure/vehicle where contemplated crime will occur
• possessing specially designed materials
• soliciting another to commit a crime

Question 8

Factual Impossibility

Answer 8

fails to consummate offense bc factual realities of attendant circumstances beyond his control
- not a defense

Question 9

Legal Impossibility (Hybrid form)

Answer 9

Goal is illegal but committing is impossible bc factual mistake regarding legal status of attendant circumstances
- not a defense

Question 10

Legal Impossibility (Pure Form)

Answer 10

1. Law doesn’t prohibit actors conduct or direct result
2. Actors conduct is prohibited but cannot legally constitute offense charged
   - Defense

Question 11

Rule of Thumb: Impossibility

Answer 11

Defense only if D would not be guilty of the target offense even if the facts had actually been as he believed them to be
- facts including legal status, but not the law

Question 12

Abandonment

Answer 12

must be voluntary and complete

Question 13

Abandonment: Voluntary

Answer 13

result of repentance & requires genuine change of heart
- not voluntary if motivated by unexpected resistance or if actor unable to commit crime bc some inadequacy

Question 14

Abandonment: Complete

Answer 14

not complete if merely postponed his criminal endeavor until a better opportunity

Question 15

Solicitation

Answer 15

occurs when a person invites, requests, commands, hires, or encourages another to engage in a felony or another specified crime
- solicitor is ACTIVE not passive
- solicited crime need not be completed
- specific intent crime: D must intentionally invite, request, etc.

Question 16

Conspiracy CL

Answer 16

Agreement between 2+ people to commit an unlawful act or series of unlawful acts, or to accomplish a lawful act by unlawful means

Question 17

Agreement

Answer 17

• must be externalized
• shared intent by 2+ ppl (MPC may be unilateral)
• need not be expressed in particular way
• all parties need not be aware of all parts/elements

Question 18

Aspects of Overt Act

Answer 18

• Required by CL
• In furtherance of conspiracy
• Can be lawful