Inchoate Crimes

Question 1

Conspiracy

Answer 1

1. Elements:

1. an agreement
2. between two or more people
3. to commit an unlawful act

Modern Trend - includes fourth element of “someone performs and overt act in furtherance of the crime”

MPC - only the D who actually has been charged must actually agree to committ he unlawful act; the other people can be undercovers

Agreement - can be explicity or implicit;

Purpose ofthe Conspiracy - Unlawful Purpose; must actully be a crime; they may think its illegal but its legal and they’re ok

Overt Act - can be lawful or unlawful as long as it is in futherance of the conspiracy

2. Scope of Conspiracy - conspiracy and all substantive crimes committed by any other conspirators acting in furtherance of the conspiracy

Struct of Co-Conspirators:

• Chain Conspiracy - number of steps in a narrative chain, each participant is laiblef or the substantive crimes of his co-conspirators
• Spoke-Hub Conspiracy - central person dealing with many people on the perphery; central person will be liable for all crimes but each of the spokes is treated as separate crime

3. Withdrawal from a Conspiracy

• Common Law - impossible to withdraw from a conspiracy because crime is completed moment the agreement is made
• Federal Rule - conspirator can withdraw prior to the commission of any overt act by communicating her intention to withdraw to all other conspirators or by informing law enforcement
• MPC - a conspirator who helps to thwart the success of a conspiracy can raise a withdrawal defense even after an overt act occurs

Note - though a D who tries to withdraw may remain liabile for conspiracy (e.g., because notification was not timely) that D will not be liable for any substantive crimes committed after his withdrawal

Withdrawal - not a defense

Question 2

Ohio - Conspiracy

Answer 2

Requirements

1. with purpose to commit/promote/faciliate crime she
2. plans or aids in the planning of the commission of the offense with one or more people OR
3. D agrees with another person that they will engage in conduct that faciliitates the commission of the offense AND
4. some member commits and overt act in furtherance of the conspiracy which manifests a purposeon the part of the actor

Unilaterally Liable - two ore moer persons are required to form a conspiracy, but D can be unilaterally liable if his co-conspirators are actually feigning agreement or they are all acquitted

Identity - need not know identity of co-conspirators;

Community of Interest - not needed; need only prove that D had reasonable cause to belive he was conspiring with others

Impossibility - not a defense if offense was impossible

Withdrawal - complete and voluntary renunciation of the conspiracy which thwarts the success of the conspiracy OR abandon the conspiracy before the crime by advising all conspirators of the abandonment or telling government official

Termination - conspiracy terminates when underlying offense is committed or abandoned by all participants; not a def

Question 3

Attempt

Answer 3

Intent - a specific intent crime

A. Elements -

1. specific intent to commit a particular criminal act; and
2. taking a substantial step towards perpetrating the crime (moving down the road towards actually committing the crime)

Note - attempt is always specific intent crime always even if the actual completed crime would be general intent or malice crime

B. Defenses - defenses for specific intent crimes can be used as a defense to an atempt crime as well; because attempt is a specific intent crime, certain defenses like voluntary intoxication and unreasoansble mistake of fact are available even if they wouldnt be had teh crime been completed

Impossibilty - legal impossibilty - impossible to commit crime because you are mistaken about the legal status of a person or item is a defense; factual is not a defense

C. Merger - attempt merges into a completed offense

Question 4

Ohio - Attempt

Answer 4

Substantial Step - any act or omission that strongly corroborates a criminal purpose

Mens Rea - purposely or knowingly

Impossibilty - Pure Legal Impossibilty - D commits an action and merely believes that it is illegal (but it is not in fact a crime) she is not guilty of attempt

Abandonment - abandoning his effort to commit offense or preventing its commission under circumstances manifesting complete and voluntary renunciation of its criminal purpose

Note - if intent formed and overt step taken, then too late to abandon because attempt has already occured

Question 5

Solicitation

Answer 5

Rule - when an an individual intentionally invites, requests, or commands another person to commit a crime

If person agrees, we have a conspiracy

If person commits offense, then soliciation charge will merge with the completed offense

Note- it is an offense simply to ask someone else to commit a crime

OHIO - no separate crime in ohio, incorproated into complicity rules