Inchoate Crimes Flashcards
solicitation
requesting another to commit an offense
MR: intent that the offense be committed
D solicits E to commit a crime. Then changes his mind and withdraws. Valid defense?
Nope- crime is complete when he makes the request
attempt
MR: spec intent to bring about a desired crim result
overt act in furtherance of that intent (beyond mere prep)
D attempts to rob a store, but abandons his attempt. defense?
CL: not a defense.
MPC: defense if voluntary (not bc he thought he was going to get caught) and complete
MD: no, cause the crime is done after the overt act
Attempt: legal impossibility a defense?
yes- D did everything he wanted to but his acts aren’t a crime
Attempt: factual impossibility a defense?
nope
conspiracy
agreement bt 2+
MR: intent to agree and intent to commit unlawful act or lawful act by unlawful means
overt act
—-
MD: overt act
punishment may not exceed the max punishment for the cr that the person conspired to commit
in a conspiracy, co-conspirators carry out crimes. When is D liable (if he didn’t do any of the crimes?)
Pinkerton Doc: liable where crimes were foreseeable outgrowth of the conspiracy and committed in furtherance of the conspiratorial goal -most juris have rejected
D conspires with an undercover police officer. D guilty of conspiracy?
no- there can be no 1 person conspiracies. must be a meeting of the minds
wharton rule
crimes where 2+ people are req for the commission of that offense, there can’t be a conspiracy to carry out that offense
unless the agreement involves an additional person who is not necessary for the commission of that crime
when does withdrawal from a conspiracy cut off liability?
communicates his w/d to the other conspirators
MPC req an affirmative act to thwart the success of the conpsiracy
