Inchoate Crimes Flashcards
What is required to prove Attempt?
An attempt is
(1) An intent to commit a specific crime, and
(2) An overt act in furtherance of that crime (substantial step)
The defendant must intend to commit the specific crime.
Merger: A defendant may be prosecuted for attempt or the completed crime, but not both—the crimes merge
What is Solicitation?
Solicitation is
(1) Inciting, counseling, advising, inducing, urging, or commanding, another person to commit a crime
(2) with the intent that the crime be committed by that person
Merger: If the crime is actually committed, the solicitor cannot be charged with both solicitation and the completed crime—only one or the other.
What is Accomplice Liability?
Accomplice Liability is
(1) Encouraging or assisting
(2) Another person who commits a crime
(3) With the intent to promote or facilitate the commission of the crime.
The defendant liable for all foreseeable acts.
What is Accessory after the Fact?
An accessory after the fact is
(1) One who receives, relieves, comforts, or assists another, (2) Knowing that he has committed a felony,
(3) In order to help the felon escape arrest, trial or conviction.
An accessory after the fact is not responsible for the principal’s crimes.
What is Conspiracy?
Conspiracy is
(1) Agreement between or among two or more persons to commit a crime (express or implied)
(2) Intent to enter into the agreement; and
(3) Intent to achieve the objective of the agreement; and
(4) an overt act by one of the conspirators in furtherance of the agreement was performed (any minimal act or mere preparation)
What are the 5 Inchoate Crimes?
(1) Attempt
(2) Solicitation
(3) Accomplice Liability
(4) Accessory after the Fact
(5) Conspiracy
