Inchoate Crimes

Question 1

Solicitation

Answer 1

∆ will be found guilty of soliting a crime if:

1. he commanded, encouraged, or requested another person to engage in specific conduct
2. with intent of promoting or facilitating the commission of a specific crime; and
3. the conduct commanded constituted the crime

Question 2

Attempt

Answer 2

Person commits attempt when:

1. he does any act that constitutees a substantial step toward the commission of a crime; and
2. with specific intent to commit a crime

Question 3

What is a substantial step?

Answer 3

It need not be the very last act necessary to complete the crime, but does have to be a major step toward its completion that strongly corroborates the fact that the defendant specifically intended to bring about this crime

Question 4

Conspiracy

Answer 4

Person is involved in a conspiracy when:

1. he enters into an agreement with 1 or more persons
2. does so with intent to promote or facilitate the commission of a crime; and
3. either conspirator commits an overt act

Question 5

Pinkerton Doctrine

Answer 5

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 6

Accessory Before / After the Fact