Inchoate Crimes Flashcards
Inchoate
= Incomplete Crimes
Types of Inchoate Crimes
Attempt
Solicitation
Conspiracy
Attempt Policy Issues. Do we want to punish people for attempted crimes?
Complete: Yes, D is clearly a danger to society and created a real/harm risk in the world (Retribution). We also want to deter this type of behavior (b/c attempt has failed, they might try again). D needs to be incapacitated and/or rehabilitated b/c they’re dangerous.
Incomplete: Harder question.
On the one hand, there’s still culpability, but also we want to encourage people to rethink their crimes. Punishing too early might encourage people to just go through with the crime.
Attempt (Complete and Incomplete)
Complete: Defendant has done everything to commit a crime, but crime happens to fail.
Incomplete: Defendant still has steps remaining to complete the crime
Inchoate crimes are always…
CONNECTED TO ANOTHER CRIME.
e.g. you can’t just have “attempt,” it must be something like “attempted robbery,” etc.
Common Law Attempt (Actus Reus and Mens Rea)
(all 3 required)
(1) AR: Actions involved in attempt (ex: pulling trigger)
(2) MR of ATTEMPT conduct: =General intent (typically) (ex: Mens rea of pulling trigger)
(3) Mens rea of underlying/substantive crime
= Specific INTENT to commit the substantive crime (ex: mens rea of killing someone).
Mens rea of attempt conduct falls away, all that really matters is mens rea for committing underlying crime.
CL Attempt Actus Reus (line for attempt) Proximity Test
Proximity Test
Broad multi-factor test. In general, focuses on how close the D came to committing the crime.
Factors to consider:
(1) how many steps remain before crime is committed
(2) how close in time and distance is D to committing the crime
(3) the gravity of the crime (more severe, earlier we can find attempt)
(4) risk/harm created by attempt conduct (ex: fear of victim, risk to others)
(5) was there an indispensable element missing?
(ex: person must agree to crime, but doesn’t still have to light the fuse).
CL Attempt Actus Reus (line for attempt) Res ipsa/Unequivocality test
Looks to the moment that the D’s intent manifests as unequivocal, examining D’s conduct from third-person objective perspective w/out considering D’s words or intent
(almost always requires a completed attempt)
Common law tests for attempt…
set attempt standard very close to completed attempts, with RIL particularly close.
MPC Attempt, 3 types
5.01(a): Completed attempts
5.01(b): Result Crimes
5.01(c): Incomplete Attempts
Merger
You can’t be convicted of both attempt and the substantive target crime if the crime is actually committed. The attempt MERGES into the target crime.
Attempt Defenses
Impossibility: Factual, Pure Legal, or Hybrid Legal
Inherent Impossibility
Abandonment
Impossibility: 3 types
Factual (NOT A VALID DEFENSE): Crime fails only due to factual misunderstanding by D. (ex: shooting a gun you think is loaded but is not)
Pure Legal (VALID UNDER CL AND MPC): You believe something is illegal when it is not (i.e. imaginary crime; ex: thinking it’s illegal to drive on Sunday and doing it anyway).
Hybrid Legal (VALID DEFENSE UNDER CL; NOT A VALID DEFENSE UNDER MPC): Your end goal is illegal, but you were mistaken about a fact which changes the LEGAL STATUS of something (victim, item, etc); b/c of this mistake, even if you completed your plan, no actual crime would occur. (ex: trying to receive stolen property, but the property you receive isn’t actually stolen)
Inherent Impossibility
A reasonable person would think the method you have used for completing the crime is totally impractical for/incapable of bringing about the crime.
Ex: Attempting to kill someone by casting a curse on them.
This is a defense under both CL and MPC.
Solicitation CL Elements
(1) invite, request, command, hire, or encourage another person to commit an offense
(2) with the specific intent that the person commit that offense
Solicitation MPC Elements
Guilty if:
(1) with the purpose of promoting or facilitating a crime, the defendant
(2) commands, encourages, or requests another person
(3) to engage in specific conduct which would constitute such crime (or an attempt to commit such crime) OR would establish his complicity in its commission or attempted commission.
Why criminalize solicitation?
Solicitation is illegal for many of the same reasons as attempt.
It’s morally culpable.
There’s planning to commit a crime involved.
We want to deter this behavior, especially since it proliferates criminality to people who otherwise might not commit crimes.
Solicitation Mens Rea (CL)
CL:
Conduct Element of Target Crime: specific intent/purpose
Result Element of Target Crime: specific intent/purpose
Circumstance Elements of Target: unclear
Either you use the SI mental state for circumstances (knowledge) or the mental state of underlying target crime for circumstances (whatever that is)
MPC:
- Same as C/L
Uncommunicated Solicitation
CL: D is possibly guilty of attempted solicitation
MPC: Guilty of solicitation for complete attempts to solicit
Solicitation as Attempt
CL: Mere solicitation is insufficienet
For solicitation to be attempt, you have to either:
a. Additional acts by the solicitor that, coupled with the solicitation satisfy the attempt tests, or
b. Additinonal acts by the solicitee amounting to attempt
MPC: Solicitation is a substantial step
Abandonment
CL: NOT a defense
MPC: Is a defense if complete and voluntary, and abandonment can’t be motivated by increased risk/difficulty or postponement.
Even applies to complete attempts so long as the result is within D’s control and has not been prevented by an accident.
Abandonment policy
CL: Not a defense because the line for when an attempt occurred is much closer to a complete attempt under the CL, once that line is crossed, there’s no going back. BUT courts may often characterize abandoned attempts as non-attempts (?)
MPC: Rationale: attempt ‘line’ for MPC is far earlier (substantial step). So we need to give people time to turn back and prove they’re not dangerous.
For complete attempts, we want to encourage people to turn back even at the last moment.
(and under MPC, attempt is usually punished the same as a completed offense, so we need this defense to distinguish)
