Inchoate Crimes Flashcards
Inchoate – refers to
Attempt, Conspiracy and Solicitation
ATTEMPT
(intent + overt act)
elements:
(a) have the specific intent to do the crime
(b) take some sort of overt act or substantial step in completing the crime
–how far do you need to go for substantial step? gray area; pick the most specific answer
–you have to look at attempt as a separate crime all by itself. attempted murder is diff from
murder. once they put attempt in front of a crime, you must pick answer about attempt’s two
elements
WITHDRAW FROM CRIME OF ATTEMPT?
NO; cannot withdraw.
Does attempt merge?
Yes. Attempt merges into completed crime. Once I take your watch, I’m just guilty of larceny
itself, not attempt.
Conspiracy:
2 or more people agree with INTENT (specific intent) to commit crime.
Once we agree, we are guilty of conspiracy. All we need under common law, is two or more
people to agree to do the crime. If we’re just joking and talking, no conspiracy.
govt guy to set me up to commit robbery – conspiracy?
no conspiracy here because *both of us need the
specific intent to commit the crime
MPC Conspiracy
unilateral theory of conspiracy; meaning, only one person
alone can decide to commit a crime; that will be sufficient to commit the theory of conspiracy
Co-conspirator Rule
a co-con. will be guilty of any other crimes that the other co-conspirator
commits in furtherance of conspiracy.
Does conspiracy merge?
NO. Conspiracy always stays, even if you commit the crime.
Withdraw from Conspiracy?
NO. However, you can withdraw from other crimes committed in
furtherance of the conspiracy, if you notify your co-cons. before those crimes could be committed.
SOLICITATION:
to encourage, entice you to commit a crime with the INTENT that you will do it (rmr, all these
crimes are specific intent)
can you withdraw from solicitation?
NO. Once you have those physical words coming out with the intent, then
guilty
Does solicitation merge?
YES; merges into completed crime
