Inchoate Crimes

Question 1

What are the inchoate crimes?

Answer 1

1. Solicitation
2. Attempt
3. Conspiracy

Question 2

Definition of Solicitation

Answer 2

• Enticing,
• advising,
• inciting,
• inducing,
• urging, or
• otherwise encouraging another to commit a felony or breach of the peace

Question 3

When is the solicitation complete?

Answer 3

At the time the soliciation is made

Question 4

A solicitor is treated as?

Answer 4

An accessory before the fact

Question 5

What will the solicitor be guilty of?

Answer 5

Any solicited crime by the solicitee

Question 6

Modern statutes defensens to solicitation

Answer 6

• Specific intent defenses such as voluntary intoxication and unreasonable mistake
• Impossibility and withdrawal not defenses

Question 7

Elements of Attempt

Answer 7

1. A specific intent to bring about a criminal result; and
2. A significant overt act in furtherance of that intent

Question 8

When is the attempt complete?

Answer 8

When the target crime is complete

(attempt and the target crime merge)

Question 9

What is a significant overt act?

Answer 9

An act beyond “mere” preparation

Question 10

Common law bandonment defense to Attempt

Answer 10

Abandonment is not a defense once attempt is complete

Question 11

Abandonment defense under MPC

Answer 11

Voluntary and complete abandonment can be used as a defense

Voluntary = a true change of heart

Complete = ∆ is not merelyl postponing commission of the crime

Question 12

Legal impossiblity defense

Answer 12

∆ did all the things he intended to do, but his act did not constitute a crime

Question 13

What is a Conspiracy?

Answer 13

An agreement between two or more persons to commit a crime

*actual agreement is needed

Question 14

Must the agreement be express?

Answer 14

No.

The agreement may be proved circumstantially

Question 15

Mental state required for conspiracy?

Answer 15

• Intent to agree, and
• Itnent to achieve the objective of the agreement

Question 16

Overt Act Requirement

Answer 16

An overt act in furtherance of the conspiracy is required for conspiracy liability

Question 17

Pinkerton Doctrine

Answer 17

Each conspirator is liable for the crimes of all other co-conspirators where the crimes were both:

1. a foreseeable outgrowth of the conspiracy; and
2. committed in furtherance of the conspiratorial goal

*Most jurisdictions reject the Pinkerton doctrine and impose liability on conspirators merely upon the basis of the agreement

Question 18

Wharton Rule

Answer 18

• In crimes where 2 or more people are necessary for the commission of the offense,
• there is no conspiracy unless the agreement involves an additional person who is not essential to the definition of that crime

Question 19

Defenses to Conspiracy

Answer 19

1. Common law = withdrawal
2. MPC = renunciation

Question 20

Withdrawal

Answer 20

Withdrawal is not a defense, BUT may cut off further liability for crimes committed in furtherance of the conspiracy IF the withdrawing conspirator communicates his withdrawal to each of the co-conspirators

Question 21

Renunciation

Answer 21

• if co-conspirator withdraws; AND
• performs an affirmative act to thwart the success of the conspiracy,
• then can use the renunciation as an affirmative defense to the conspiracy