Inchoate Crimes

Question 1

What is the mens rea of all inchoate crimes?

Answer 1

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

Question 2

What is solicitation?

Answer 2

The crime of enticing someone else to commit a crime.

More Info: Solicitaition

Question 3

What are the elements of solicitation?

Answer 3

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

Question 4

What must the solicitor intend?

Answer 4

For the solicitee to perform the specific criminal act or acts

Question 5

When is the offense of solicitation complete?

Answer 5

Once the solicitation to commit the crime is communicated.

Question 6

When can solicitor withdraw from solicitation?

Answer 6

A solicitation cannot be withdrawn after it is made.

Question 7

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

Answer 7

Solicitation merges into the offense.

Question 8

The crime of attempt consists of what two elements?

Answer 8

1. Specific intent to bring about the criminal result

And

2. A significant overt act in furtherance of that intent
   * More Info:* Attempt

Question 9

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

Answer 9

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

Question 10

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

Answer 10

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.

Question 11

What’s the only type of attempted murder?

Answer 11

The defendant must have the intent to kill

Question 12

How can an MPC attempt be withdrawn?

Answer 12

1. Voluntarily withdrawal from the attempted crime

And

2. Complete abandonment of the crime

Question 13

How does impossibility function as a defense to attempt?

Answer 13

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

Question 14

What are the elements of conspiracy?

Answer 14

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

Question 15

What is the overt act requirement for conspiracy?

Answer 15

Common Law: no requirement

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

Question 16

What is an overt act in a conspiracy satisfied by?

Answer 16

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

Question 17

Differentiate an overt act in:

Conspiracy v. Attempt

Answer 17

Conspiracy = Preparation

Attempt = Point of no return

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

Question 18

When does co-conspirator liability occur?

Answer 18

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

1. Foreseeable

And

2. Committed in furtherance of the conspiratorial goal

Question 19

What are chain conspiracies?

Answer 19

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.

Question 20

What are wheel-spoke conspiracies?

Answer 20

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.

Question 21

What does unilateral conspiracy allow for?

Answer 21

The conviction of a single party to a conspiracy when

1. Co-conspirators gained or fake agreement

Or

2. Another party to the conspiracy 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, then there can never be a conspiracy to commit the offense.

Question 23

What are the defenses to conspiracy?

Answer 23

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.

Question 24

How does a conspirator cut off pinkerton liability?

Answer 24

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

More Info: Pinkerton

Question 25

When is an individual criminally liable as an accomplice?

Answer 25

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

Question 26

What is the scope of an accomplice’s criminally liability?

Answer 26

1. The crime he purposefully facilitated

And

2. All other crimes committed by the principal that are reasonably foreseeable outgrowths of the crime

Question 27

What are the defenses to accomplice liability at common law?

Answer 27

An accomplice can withdraw by giving:

1. Timely notice

And

2. Nullifying their effect of prior facilitation

Question 28

What are the defenses to accomplice liability in the MPC?

Answer 28

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

Question 29

Who is a principal in the first degree?

Answer 29

The trigger puller, meaning the perpetrator who performs the criminal act with the requisite mental state

Question 30

Who is a principal in the second degree?

Answer 30

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)

Question 31

Who is an accessory before the fact?

Answer 31

An aider and abeter not present at the offense but that aided in the preparation for the offense.

More Info: Accessory Before the Fact

Question 32

Who are accessories after the fact?

Answer 32

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.

Question 33

What is the liability for a defendant who solicits a crime but the solicitation is never communicated to the solicitee?

Answer 33

Jurisdictional split between:

1. Attempted solicitation

Or

2. Complete solicitation