Inchoate Crimes Flashcards

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1
Q

What is required to prove Attempt?

A

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

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2
Q

What is Solicitation?

A

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.

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3
Q

What is Accomplice Liability?

A

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.

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4
Q

What is Accessory after the Fact?

A

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.

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5
Q

What is Conspiracy?

A

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)

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6
Q

What are the 5 Inchoate Crimes?

A

(1) Attempt
(2) Solicitation
(3) Accomplice Liability
(4) Accessory after the Fact
(5) Conspiracy

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