Inchoate Crimes

Question 1

All in inchoate crimes have the mens rea of:

Answer 1

specific intent to commit target offense

Question 2

Solicitation: The crime of

Answer 2

trying to get someone else to commit your crime–the key is communication

Question 3

Element of soliciting

Answer 3

Enticing, advising, inciting, inducing, urging, or otherwise encouraging another to commit a target offense (another crime).

Question 4

What must the solicitor intend?

Answer 4

That the solicitee perform the specific criminal acts

Question 5

When is the offense of solicitation complete?

Answer 5

Once the solicitation is communicated

Question 6

When can solicitor withdraw from solicitation?

Answer 6

They cannot once it is made

Question 7

If a solicitee commits or attempts to commit the target offense, ∆ liability?

Answer 7

Solicitation merges into the offense

Question 8

The crime of attempt consists of two elements

Answer 8

1. specific intent to bring about the criminal result; and,

2. a significant overt act in furtherance of that intent

Question 9

Specific intent for attempt =

Answer 9

The purpose to commit the target offense

Question 10

How to determine if there has been a sufficient overt act for attempt
(3)

Answer 10

MPC = act is a substantial step towards the commission of the crime that indicates a purpose to actually commit it

Minority: Proximity Test: how close are they to actually committing the crime?

Minority: Equivocality test: the ∆’s conduct is unequivocal sign of their intent to complete target offense

Question 11

What’s the only type of attempted murder?

Answer 11

∆ must have intent to kill

Question 12

Defenses to attempt MPC

Answer 12

1. Voluntary

2. Complete abandonment

Question 13

Impossibility as a defense to attempt

Answer 13

1. Cannot be guilty of attempt for something that is not a crime
   Legal impossibility

Question 14

A conspiracy is

3

Answer 14

1. An agreement to create an unlawful criminal combination between two or more people
2. with the intent to agree
3. with specific intent to commit the unlawful act

Question 15

Overt act requirement for conspiracy

Answer 15

at common law - no requirement

Modern statutes normally require the overt act in furtherance

Question 16

Overt act in conspiracy is satisfied

Answer 16

That they are moving forward in their prepration of their crime

Question 17

overt act in conspiracy v. attempt

Answer 17

attempt is a much bigger

Question 18

Co-conspirator liability occurs when

Answer 18

Each co-conspirator is liable for all crimes that are

1. foreseeable
2. committed in furtherance of conspiratorial goal

Question 19

Chain conspiracies are

Answer 19

Several crimes are committed under one large scheme and each member knows and benefits from the activities of another
-everyone liable for everything

Question 20

Wheel-Spoke Conspiracies

Answer 20

One common member enters into agreements to commit several crimes with independent people
-liability to independent people are not necessarily responsible

Question 21

Unilateral conspiracy allows for

Answer 21

conviction of a single party based upon the fained or fake agreement of another party; or,
conviction of one party when the other is acquitted

Question 22

What is the Wharton Rule

Answer 22

If the target offense requires two or more people as a necessary element for commission, they cannot be convicted of conspiracy to commit that offense

Question 23

Defenses to conspiracy

Answer 23

At common law and MPC, a complete and voluntary withdrawal: severs ∆ from liability of future crime of co-conspirators –still liable for underlying

The MPC recognizes the additional defense of “renunciation”: allows to co-conspirator to withdrawal and perform an act that thwarts the conspiracy

Question 24

How to cut off pinkerton liability?

Answer 24

Make a complete and voluntary withdrawal from conspiracy

Question 25

An individual is criminally liable as an accomplice if:

Answer 25

He does some act (or omission with a duty to act) that facilitates the commission of the crime

Must be done with purpose to further the crime

Question 26

Scope of Accomplice Liability: An accomplice is liable for

Answer 26

the crime he purposefully facilitated, and for all other crimes committed by the principal that are reasonably foreseeable outgrowths

Question 27

Defenses to accomplice liability at common law

Answer 27

common law: accomplice could withdraw by giving (1) timely notice; and, (2) nullifying effect of prior facilitation

Question 28

Defense to accomplice liability in MPC

Answer 28

(1) Render his prior assistance to the perpetrator completely ineffective;
(2) Provide the police with a timely warning of the perpetrator’s plan; or
(3) Make a proper effort to prevent the perpetrator from committing the crime

Question 29

Principal in the First Degree is

Answer 29

The trigger puller–the perpetrator who performs the criminal act with the requisite mental state.

Question 30

Principal in the second degree is

Answer 30

one who aids or abets and is present at the scene of the offense (e.g., a getaway car driver who waits outside during a bank robbery).
-must actually facilitate/encourage

Question 31

Accessory Before the Fact is

Answer 31

an aider and abeter

not present at the offense

Question 32

Accessory After the Fact are

3

Answer 32

One who aids or abets a principal after commission of the crime. This requires proof of:
a. completed felony

b. the accessory had to know of the commission of the felony
c. the accessory must have personally given aid to the felon to hinder the felon’s apprehension, conviction, or punishment

Question 33

What is the liability for a ∆who solicits a crime but the solicitation is never communicated to the solicitiee?

Answer 33

Court split

1. attempted solicitation
2. complete solicitation