Inchoate Crimes

Question 1

Inchoate Crimes

Answer 1

1) Attempt
2) Conspiracy
3) Solicitation

Question 2

Attempt

Answer 2

1) intent to commit the crime
2) Take an overt Act or Substantial Step of completing the crime

Question 3

Attempt - Merger

Answer 3

Attempt merges into the completed crime and you will only be guilty of the underlying completed crime

Question 4

Attempt - Withdrawl

Answer 4

CANNOT withdraw after a overt act/substantial step

Question 5

Common Law Conspiracy

Answer 5

1) two or more people
2) specific intent to commit crime
3) agreement

Question 6

Model Penal Code: Unilateral Conspiracy

Answer 6

Only ONE person has to agree

Question 7

Co-Conspirator Liability

Answer 7

a co-conspirator will be be guilty of any other crime their co-conspirator commits in furtherance of the underlying conspiracy

Question 8

Conspiracy - Merger

Answer 8

• does NOT merge
• will be guilty of conspiracy AND underlying crime

Question 9

Conspiracy - Withdrawal

Answer 9

• cannot withdraw from the conspiracy FOREVER
• CAN withdraw from other crimes committed in furtherance on the conspiracy by timely notice to co-conspirators

Question 10

Solicitation

Answer 10

Encourage, urge, or incite another to commit a crime

Question 11

Solicitation - Merger

Answer 11

• merges into completed crime
• cannot be guilty of both solicitation & the underlying completed crime

Question 12

Solicitation - Withdrawal

Answer 12

CANNOT withdraw