INCHOATE Crimes

Question 1

Attempt

Answer 1

1. criminal intent to commit the crime;
2. overt act or substantial act / step to commit the crime

didn’t actually commit the crime

IF THE QUESTION ASKS ABOUT THE ATTEMPT, THE ANSWER HAS TO BE ABOUT THE ELEMENTS OF ATTEMPT

Question 2

Merger

Answer 2

If you attempt and are successful -> merges and you’re only found guilty of the crime itself

Question 3

Conspiracy

Answer 3

2 or more people agree to commit a crime with the intent that they will

Question 4

Conspiracy - MPC (Unilateral)

Answer 4

if a single individual has the intent to commit a crime, that’s enough to be guilty of conspiracy

Question 5

Co-Conspirator Rule

Answer 5

Once there is a conspiracy, any crime committed by 1 conspirator means the other conspirator will be guilty of all those crimes as long as they’re foreseeable following from the conspiracy

Question 6

Withdrawal

Answer 6

you cannot withdraw from the conspiracy
- even if you change your mind
- BUT: can withdraw from other crimes if you provide notice to your co-conspirator or to the cops, PRIOR to the crime being committed.

Question 7

Solicitation

Answer 7

Encouraging (offering / motivating someone to commit a crime with the intent to do so)