Inchoate Crimes Flashcards
Solicitation - MPC
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
Solicitation - at common law defined
misdemeanor
encouraging another to commit a felony or breach of the peace
Solicitation of misdemeanor not solicitation at common law
A solicitor who could not be guilty of the underlying offense
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.
Defenses to Solicitation - Common Law and Modern Law
No defenses at common law if elements are present.
Modern law - Specific intent defenses -
voluntary intoxication and unreasonable mistake of fact are defenses.
Withdrawal and Impossibility as defenses to Solicitation
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.
Attempt - Elements
- specific intent (purpose) to bring about a criminal result; and
- 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
Specific Overt Act Element of Attempt -
Common Law v Modern Law contrast.
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.
Proximity Test - Attempt Element
how close in time and physical distance to time and place the crime will be committed.
Equivocality Test - Attempt Element
conduct can have no purpose other than the commission of the crime
Defenses to Attempt - List
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.
Abandonment Defense to Attempt
No defense at common law.
MPC - VOLUNTARY (true change of heart) and COMPLETE (not mere postponing of the crime) will be defense
Legal Impossibility Defense to Attempt
acts did not constitute a crime.
Cant be convicted of something that is not a crime
Conspiracy - Defined
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.
Conspiracy - Mens Rea
Specific Intent Crime
Requires (1) intent to agree and
(2) Intent to achieve the objective
Overt Act in Furtherance - Conspiracy
Need not be criminal or unlawful and only committed by one member of the conspiracy.
Mere preparation will suffice.
Pinkerton Doctrine
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
Doctrine of Accomplice Liability
conspirators are liable when they aid and abet
Chain Relationship - Conspiracy
crimes committed under a single scheme
members knows other parties participation and
Community of interests exist
a Single Conspiracy will Result
Hub and Spoke Relationship - Conspiracy
Common member
Enters agreements to commit a series of independent crimes
Multiple conspiracies exist.
Procedural Issues with Conspiracy
parties to a conspiracy - Majority Rule
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.
Parties to Conspiracy - MPC approach - Unilateral Conspiracy
all co-conspirators having either feigned agreement or been acquitted, will not prevent a D from being convicted of conspiracy
Wharton Rule - people necessary for commission of conspiracy
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
Wharton Rule Crimes (6) BIGBAD
Bigamy Incest Gambling Bribery Adultery Dueling
Where no conspiracy can exist
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.
Defenses to Conspiracy
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
Crime Continuum
Thought - get someone else to commit the crime - Solicitation
Solicit another to commit a criminal act - agreement - Preparation
Conspiracy - Perpetration - Attempt
Consummation - Completed Crime
Key to the Crime of Solicitation
Communication
Key to the crime of Attempt
line crossed from preparation to perpetration
Key to the crime of conspiracy
line crossed from contemplation to preparing to do so.
Merger Doctrine and Solicitation
When solicitation completed, solicitation merges into the target offense and D is guilty of the target offense as an accomplice
Factual Impossibility - attempt
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.
Conspiracy and merger with target crime
Crime of conspiracy does not merge with the target offense.
May be tried subsequently without implicating double jeopardy
Common Mens Rea for Inchoate Crimes
Specific intent - purpose - to commit the target offense
Inchoate Crimes and Keys
Solicitation - communication
Attempt - Crossing line from preparation to perpetration
Conspiracy - Crossing line from thinking about crime to preparing
Solicitation and Merger
Once the crime solicited is attempted, the solicitation merges into the target crime and the solicitor becomes an accomplice to the target offense.
Defense to Accomplice Liability
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.
