Inchoate Crimes Flashcards
What is the mens rea of all inchoate crimes?
The defendant must have the specific intent to commit target offense.
What is solicitation?
The crime of enticing someone else to commit a crime.
More Info: Solicitaition
What are the elements of solicitation?
Enticing, advising, inciting, inducing, urging, or otherwise encouraging another to commit a crime
What must the solicitor intend?
For the solicitee to perform the specific criminal act or acts
When is the offense of solicitation complete?
Once the solicitation to commit the crime is communicated.
When can solicitor withdraw from solicitation?
A solicitation cannot be withdrawn after it is made.
If a solicitee commits or attempts to commit the target offense, what is the solicitor’s criminal liability?
Solicitation merges into the offense.
The crime of attempt consists of what two elements?
- Specific intent to bring about the criminal result
And
- A significant overt act in furtherance of that intent
* More Info:* Attempt
What must a defendant’s specific intent be for an attempt?
The defendant must have the purpose to commit the target offense.
What are the tests to determine if there has been a sufficient overt act for an attempt?
MPC: The act is a substantial step towards the commission of the crime that indicates a purpose to actually commit it.
Proximity Test (minority): The act signifies a point of no return in bringing about the criminal result.
Equivocality test (minority): The defendant’s conduct is an unequivocal sign of their intent to complete the target offense.
What’s the only type of attempted murder?
The defendant must have the intent to kill
How can an MPC attempt be withdrawn?
- Voluntarily withdrawal from the attempted crime
And
- Complete abandonment of the crime
How does impossibility function as a defense to attempt?
The defendant cannot be guilty of attempt for something that is not a crime.
What are the elements of conspiracy?
- An intentional agreement between two or more people
- To commit an unlawful act
* More Info:* Conspiracy
What is the overt act requirement for conspiracy?
Common Law: no requirement
Modern Statutes: normally require the overt act to be in furtherance of the crime
What is an overt act in a conspiracy satisfied by?
The conspirator’s moving forward in their preparation of the crime. Defendant’s are moving from ideation to preparation.
Differentiate an overt act in:
Conspiracy v. Attempt
Conspiracy = Preparation
Attempt = Point of no return
The threshold for an overt act in attempt is much higher.
When does co-conspirator liability occur?
Each co-conspirator is liable for all crimes that are:
- Foreseeable
And
- Committed in furtherance of the conspiratorial goal
What are chain conspiracies?
Several crimes that are committed under one large scheme wherein each member knows and benefits from the activities of another. All conspirators are liable for all crimes.
What are wheel-spoke conspiracies?
One common member enters into agreements to commit several crimes with independent people. The independent participants in the conspiracy are only liable for their share because they are unaware of the other parts.
What does unilateral conspiracy allow for?
The conviction of a single party to a conspiracy when
- Co-conspirators gained or fake agreement
Or
- Another party to the conspiracy is acquitted
What is the Wharton rule?
If the target offense requires two or more people as a necessary element for commission, then there can never be a conspiracy to commit the offense.
What are the defenses to conspiracy?
At common law and MPC: A complete and voluntary withdrawal severs the defendant from liability of future crimes of co-conspirators (pinkerton liability); however, they are still liable for the underlying conspiracy .
The MPC recognizes the additional defense of renunciation which allows the co-conspirator to withdraw and perform an act that thwarts the conspiracy, removing liability from the underlying conspiracy.
How does a conspirator cut off pinkerton liability?
The defendant must make a complete and voluntary withdrawl from the conspiracy.
More Info: Pinkerton
When is an individual criminally liable as an accomplice?
- The defendant acts in a way that facilitates the commission of the crime
And
- The defendant had the purpose to further the crime
What is the scope of an accomplice’s criminally liability?
- The crime he purposefully facilitated
And
- All other crimes committed by the principal that are reasonably foreseeable outgrowths of the crime
What are the defenses to accomplice liability at common law?
An accomplice can withdraw by giving:
- Timely notice
And
- Nullifying their effect of prior facilitation
What are the defenses to accomplice liability in the MPC?
Accomplice must:
- Render his prior assistance to the perpetrator completely ineffective
- Provide the police with a timely warning of the perpetrator’s plan
Or
- Make a proper effort to prevent the perpetrator from committing the crime
Who is a principal in the first degree?
The trigger puller, meaning the perpetrator who performs the criminal act with the requisite mental state
Who is a principal in the second degree?
- A person who aids or abets the principal in the first degree
And
- Is present at the scene of the offense (a getaway car driver who waits outside during a bank robbery)
Who is an accessory before the fact?
An aider and abeter not present at the offense but that aided in the preparation for the offense.
More Info: Accessory Before the Fact
Who are accessories after the fact?
One who aids or abets a principal after commission of the crime. There must be:
- A completed felony
- The accessory must know of the commission of the felony
And
- The accessory must have personally given aid to the felon to hinder the felon’s apprehension, conviction, or punishment.
What is the liability for a defendant who solicits a crime but the solicitation is never communicated to the solicitee?
Jurisdictional split between:
- Attempted solicitation
Or
- Complete solicitation
