Inchoate Crimes

Question 0

Solicitation - MPC

Answer 0

The request of another to commit any offense - misdemeanor or felony

intend they commit a criminal act - specific intent

complete at the time the solicitation is made.

No agreement is necessary

Question 1

Solicitation - at common law defined

Answer 1

misdemeanor

encouraging another to commit a felony or breach of the peace

Solicitation of misdemeanor not solicitation at common law

Question 2

A solicitor who could not be guilty of the underlying offense

Answer 2

Can’t be guilty if the solicitor could not be guilty of underlying offense.

Ie. a minor in relation to statutory rape.

Where the solicitor is a member of the class of persons the law seeks to protect.

Question 3

Defenses to Solicitation - Common Law and Modern Law

Answer 3

No defenses at common law if elements are present.

Modern law - Specific intent defenses -
voluntary intoxication and unreasonable mistake of fact are defenses.

Question 4

Withdrawal and Impossibility as defenses to Solicitation

Answer 4

not available.

Impossibility not a defense because what the solicitor believes the circumstances are is whats relevant

Withdrawal not available. crime is complete when solicitation is made.

Question 5

Attempt - Elements

Answer 5

1. specific intent (purpose) to bring about a criminal result; and
2. significant overt act in furtherance.

Attempt merges with the target crime once committed.

need to go beyond preparation to perpetration.

Specific intent = purpose to commit target offense

Question 6

Specific Overt Act Element of Attempt -

Common Law v Modern Law contrast.

Answer 6

Act beyond ‘mere’ preparation.

Common Law: Requires ‘last act’ necessary to achieve the intended result.

MPC - substantial step to corroborate the attempt.

Proximity test - looks at closeness in time and place to target crime

Equivocality test - conduct unequivocally indicates the crime was going to occur.

Question 7

Proximity Test - Attempt Element

Answer 7

how close in time and physical distance to time and place the crime will be committed.

Question 8

Equivocality Test - Attempt Element

Answer 8

conduct can have no purpose other than the commission of the crime

Question 9

Defenses to Attempt - List

Answer 9

Abandonment (not at common law once attempt begun) (available under MPC)

Legal Impossibility (cannot be guilty of something that is not a crime)

Factual Impossibility - not a defense. If facts were what defendant assumed them to be and actions were a crime, D is guilty.

Question 10

Abandonment Defense to Attempt

Answer 10

No defense at common law.

MPC - VOLUNTARY (true change of heart) and COMPLETE (not mere postponing of the crime) will be defense

Question 11

Legal Impossibility Defense to Attempt

Answer 11

acts did not constitute a crime.

Cant be convicted of something that is not a crime

Question 12

Conspiracy - Defined

Answer 12

2 or more parties agree to commit a crime.

Majority require overt act in furtherance
(Common Law Required no overt act)

Overt act for conspiracy = preparation
Overt act for attempt=act beyond preparation to perpetration

Actus Reus is the agreement. Must be actual agreement, not feigned.

Question 13

Conspiracy - Mens Rea

Answer 13

Specific Intent Crime

Requires (1) intent to agree and
(2) Intent to achieve the objective

Question 14

Overt Act in Furtherance - Conspiracy

Answer 14

Need not be criminal or unlawful and only committed by one member of the conspiracy.

Mere preparation will suffice.

Question 15

Pinkerton Doctrine

Answer 15

Conspirators are liable for all crimes where they are:

a) foreseeable outgrowth of the conspiracy; and
b) committed in furtherance

Most jurisdictions have rejected the Pinkerton Doctrine

Question 16

Doctrine of Accomplice Liability

Answer 16

conspirators are liable when they aid and abet

Question 17

Chain Relationship - Conspiracy

Answer 17

crimes committed under a single scheme

members knows other parties participation and
Community of interests exist

a Single Conspiracy will Result

Question 18

Hub and Spoke Relationship - Conspiracy

Answer 18

Common member
Enters agreements to commit a series of independent crimes
Multiple conspiracies exist.

Question 19

Procedural Issues with Conspiracy

parties to a conspiracy - Majority Rule

Answer 19

If one party to a conspiracy is acquitted leaving one remaining conspirator, that conspirator will be acquitted as well.

There needs to be at least 2 parties to a conspiracy.

If other parties are missing or dead, a single D can be convicted for conspiracy.

Question 20

Parties to Conspiracy - MPC approach - Unilateral Conspiracy

Answer 20

all co-conspirators having either feigned agreement or been acquitted, will not prevent a D from being convicted of conspiracy

Question 21

Wharton Rule - people necessary for commission of conspiracy

Answer 21

2 or more people are necessary for the target offense
no conspiracy without involvement of an additional person
not essential to the definition of the crime.
ie. 2 parties engage in a duel, they are guilty of dueling, not conspiracy

Question 22

Wharton Rule Crimes (6) BIGBAD

Answer 22

Bigamy
Incest
Gambling
Bribery
Adultery
Dueling

Question 23

Where no conspiracy can exist

Answer 23

member protected class cannot be guilty of conspiracy to commit that crime or be an accessory to the crime.

Corporation/agent are a single person - cannot engage in conspiracy.

Question 24

Defenses to Conspiracy

Answer 24

MPC - Withdrawal and Renunciation affirmative defense to conspiracy itself:

1) Timely notice given to co-conspirators and
2) Affirmative Act to Thwart the success of the conspiracy

Withdrawal alone severs liability for future crimes with timely notice given to co-conspirators.

Impossibility - no defense

Question 25

Crime Continuum

Answer 25

Thought - get someone else to commit the crime - Solicitation
Solicit another to commit a criminal act - agreement - Preparation
Conspiracy - Perpetration - Attempt
Consummation - Completed Crime

Question 26

Key to the Crime of Solicitation

Answer 26

Communication

Question 27

Key to the crime of Attempt

Answer 27

line crossed from preparation to perpetration

Question 28

Key to the crime of conspiracy

Answer 28

line crossed from contemplation to preparing to do so.

Question 29

Merger Doctrine and Solicitation

Answer 29

When solicitation completed, solicitation merges into the target offense and D is guilty of the target offense as an accomplice

Question 30

Factual Impossibility - attempt

Answer 30

Factual impossibility is no defense
if facts were as D believed them to be,
D would have committed a crime.

Therefore D is guilty of attempt
even if completing act is factually impossible.

Question 31

Conspiracy and merger with target crime

Answer 31

Crime of conspiracy does not merge with the target offense.

May be tried subsequently without implicating double jeopardy

Question 32

Common Mens Rea for Inchoate Crimes

Answer 32

Specific intent - purpose - to commit the target offense

Question 33

Inchoate Crimes and Keys

Answer 33

Solicitation - communication

Attempt - Crossing line from preparation to perpetration

Conspiracy - Crossing line from thinking about crime to preparing

Question 34

Solicitation and Merger

Answer 34

Once the crime solicited is attempted, the solicitation merges into the target crime and the solicitor becomes an accomplice to the target offense.

Question 35

Defense to Accomplice Liability

Answer 35

At common law - withdrawal - timely notice and nullification of prior act of assistance. Cuts off liability for future crimes.

MPC - One of 3 - render prior assistance completely ineffective; provide police with timely warning of plan; or make proper effort to prevent of crime.