Inchoate Crimes

Question 1

Attempt: Elements

Answer 1

1. Intent to bring about a criminal result, AND
2. An act beyond mere preparation of the crime
   - -Two Tests determine act
3. MPC Substantial Step: Did D do something purposely that committed a substantial step toward completion of crime? [Backward looking test: what has already been done]
4. Physical Proximity Test: What more did they have to do to complete the crime? [Forward looking test: What was left?]

Question 2

Attempt: Defenses

Answer 2

1. Common Law = No Defense
2. MPC = Renunciation:
   - Voluntary, AND
   - Complete
3. Legal and Factual Impossibility:
   - MPC Majority: Guilty of attempt if purposely engage in conduct that would have been a crime if circumstances were as they believed them to be (pick-pocket an empty pocket)
   - Traditional CL:
   (1) Legal Impossibility = Defense (Singing is not a crime regardless of if you think it is)
   (2) Factual Impossibility = Not a defense (pick-pocket example again)

Question 3

Soliciting a Crime: Elements

Answer 3

1. Requesting another to commit a crime with

2. The intent that the crime be committed

Question 4

Soliciting a Crime: Defenses

Answer 4

1. Common Law: No Defense
2. MPC: Renunciation
   - Must be Voluntary, and
   - Complete, and
   - Must persuade person solicited not to commit the crime, must stop the crime

Question 5

Conspiracy: Elements

Answer 5

Actus Reus:
1. Agreement between two or more people to commit a crime (Common Law only Requirement) AND
2. An overt act taken in furtherance of the agreement (MPC)
-Overt act?
+Does not need to be criminal in nature
+Does not need to be substantial step
+Only 1 member needs to take the action

Mens Rea Requirement:

1. Intent to enter agreement
2. Intent to achieve agreement

Question 6

Conspiracy: What extent is D liable for crimes that occur after formation of Conspiracy?

Answer 6

1. Pinkerton Doctrine: Liable when…
   - Other crime was in furtherance of conspiracy’s objective AND
   - Commission of other crime was reasonably foreseeable

MPC:
-Only culpable if an accomplice to other crime

Question 7

Conspiracy: Withdrawal to avoid culpability to subsequent crimes

Answer 7

Traditional: Affirmative action that indicates withdrawal to each member of the conspiracy

MPC: Must tell police of conspiracy and D’s role in it

Question 8

Conspiracy: Renunciation to avoid culpability of conspiracy itself

Answer 8

Common Law: No Renunciation

MPC: Renunciation required to be

1. Complete, and
2. Voluntary, and
3. Thwart the success of the conspiracy

Question 9

Conspiracy: Merger?

Answer 9

Majority of Jurisdictions Sentencing occurs separately for conspiracy and separate act (not so for attempt)