Inchoate crimes

Question 1

Actus Reus of Attempt (CL)

Answer 1

Last act test–if they performed all of the acts that they believed necessary to committing the target offense
Dangerous Proximity Test–Time, Distance
Nearness to danger/completion
Gravity of crime/probability of completion
Unequivocality/Equivocality (Res ipsa)–Can the D’s conduct be explained only by criminal motivation?
Would reasonable people, observing only the D’s conduct necessarily conclude that he was trying to commit a crime?
Probable desistance–Actor reaches a point where they would be unlikely to voluntary desist from their effort to commit a crime

Question 2

Actus Reus of Attempt (MPC)

Answer 2

Substantial step test:
A person is guilty of an attempt to commit a crime if . . . he;
purposely does or omits to do anything;
which …· constitute[s] a substantial step in a course of conduct planned to culminate in his commission of the crime.
A “substantial step” must be “strongly corroborative of the actor’s criminal purpose.”

Question 3

Defense of Abandonment

Answer 3

Common law does not allow
Some states–Allow a D to prove though he actually committed an attempt, he subsequently
abandoned his criminal purpose
* Only available if D changed mind through genuine remorse and not b/c of the risk
of arrest or difficulty of success in completion
* Must be established by a preponderance of the evidence
MPC–A voluntary and complete abandonment can be a defense

Question 4

Solicitation

Answer 4

Elements:
(1) invites, requests, commands, encourages, or counsels
(2) another person
(3) to commit a felony or a misdemeanor involving a breach of the peace,
(4) with the specific intent that the person solicited carry out the crime.