Inchoate Crimes Flashcards

1
Q

What is the mens rea of all inchoate crimes?

A

The defendant must have the specific intent to commit target offense.

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2
Q

What is solicitation?

A

The crime of enticing someone else to commit a crime.

More Info: Solicitaition

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3
Q

What are the elements of solicitation?

A

Enticing, advising, inciting, inducing, urging, or otherwise encouraging another to commit a crime

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4
Q

What must the solicitor intend?

A

For the solicitee to perform the specific criminal act or acts

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5
Q

When is the offense of solicitation complete?

A

Once the solicitation to commit the crime is communicated.

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6
Q

When can solicitor withdraw from solicitation?

A

A solicitation cannot be withdrawn after it is made.

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7
Q

If a solicitee commits or attempts to commit the target offense, what is the solicitor’s criminal liability?

A

Solicitation merges into the offense.

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8
Q

The crime of attempt consists of what two elements?

A
  1. Specific intent to bring about the criminal result

And

  1. A significant overt act in furtherance of that intent
    * More Info:* Attempt
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9
Q

What must a defendant’s specific intent be for an attempt?

A

The defendant must have the purpose to commit the target offense.

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10
Q

What are the tests to determine if there has been a sufficient overt act for an attempt?

A

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.

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11
Q

What’s the only type of attempted murder?

A

The defendant must have the intent to kill

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12
Q

How can an MPC attempt be withdrawn?

A
  1. Voluntarily withdrawal from the attempted crime

And

  1. Complete abandonment of the crime
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13
Q

How does impossibility function as a defense to attempt?

A

The defendant cannot be guilty of attempt for something that is not a crime.

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14
Q

What are the elements of conspiracy?

A
  1. An intentional agreement between two or more people
  2. To commit an unlawful act
    * More Info:* Conspiracy
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15
Q

What is the overt act requirement for conspiracy?

A

Common Law: no requirement

Modern Statutes: normally require the overt act to be in furtherance of the crime

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16
Q

What is an overt act in a conspiracy satisfied by?

A

The conspirator’s moving forward in their preparation of the crime. Defendant’s are moving from ideation to preparation.

17
Q

Differentiate an overt act in:

Conspiracy v. Attempt

A

Conspiracy = Preparation

Attempt = Point of no return

The threshold for an overt act in attempt is much higher.

18
Q

When does co-conspirator liability occur?

A

Each co-conspirator is liable for all crimes that are:

  1. Foreseeable

And

  1. Committed in furtherance of the conspiratorial goal
19
Q

What are chain conspiracies?

A

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.

20
Q

What are wheel-spoke conspiracies?

A

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.

21
Q

What does unilateral conspiracy allow for?

A

The conviction of a single party to a conspiracy when

  1. Co-conspirators gained or fake agreement

Or

  1. Another party to the conspiracy is acquitted
22
Q

What is the Wharton rule?

A

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.

23
Q

What are the defenses to conspiracy?

A

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.

24
Q

How does a conspirator cut off pinkerton liability?

A

The defendant must make a complete and voluntary withdrawl from the conspiracy.

More Info: Pinkerton

25
When is an individual criminally **liable** as an **accomplice**?
1. The defendant acts in a way that facilitates the commission of the crime And 2. The defendant had the purpose to further the crime
26
What is the scope of an **accomplice's criminally liability?**
1. The crime he purposefully facilitated And 2. All other crimes committed by the principal that are reasonably foreseeable outgrowths of the crime
27
What are the **defenses** to **accomplice** liability at **common law**?
An accomplice can withdraw by giving: 1. Timely notice And 2. Nullifying their effect of prior facilitation
28
What are the **defenses** to **accomplice** liability in the **MPC**?
Accomplice must: 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
29
Who is a **principal** in the **first degree**?
The **trigger** **puller**, meaning the perpetrator who performs the criminal act with the requisite mental state
30
Who is a **principal** in the **second degree**?
1. A person who aids or abets the principal in the first degree And 2. Is present at the scene of the offense (a getaway car driver who waits outside during a bank robbery)
31
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](http://nationalparalegal.edu/public_documents/courseware_asp_files/criminalLaw/scopeOfLiability/AccomplicesCommonLawClassifications.asp)
32
Who are **accessories after the fact**?
One who aids or abets a principal after commission of the crime. There must be: 1. A **completed** felony 2. The accessory must **know** of the commission of the felony And 3. The accessory must have personally given **aid** to the felon to hinder the felon's apprehension, conviction, or punishment.
33
What is the liability for a defendant who **solicits** a crime but the solicitation is **never** **communicated** to the solicitee?
Jurisdictional split between: 1. Attempted solicitation Or 2. Complete solicitation