Inchoate Crimes Flashcards
Attempt
- SPECIFIC intent to commit the crime.
(thus no attempt for FY murder, negligence, or recklessness)
- An act in furtherance of the crime (beyond “mere preparation”)
(1) MPC/Majority: A “substantial step” that is “strongley corroborative” of the criminal purpose.
(2) Common Law: “Dangerous Proximity” Test
This is conduct that gets dangerously close to the completing of the offense. This looks at what the defendant has left to do rather than what he has done.
MI (3) Direct movement toward the commission of the crime that would lead immediately to its completion
Defenses
IMPOSSIBILITY
(1) Factual Impossibility - the crime could not have been committed due to a defendant’s mistake of fact. This is NO defense.
never a defense to attempt because the facts were as the def imagined them, he would have been committing a crime
(2) True Legal Impossibility - is a defense generally. Even if all the facts were as defendant supposed them to be and she completed all the acts, she would be committing a crime.
Under majority law this is a defense to attempt but NOT under MI
Ex - def transports fireworks that she thinks are illegal (but are not) accress state lines. Not guilty of attempt.
(3) Abandonment - majority rule abandonment is NOT a defense to attempt. MPC & MICHIGAN - Voluntary abandonment is a defense to attempt but it MUST be an “actual change of heart.”
Conspiracy
An agreement by two or more people to commit a crime
(1) An agreement by two or more people to commit a crime
(i) Common Law + MI - There must be two guilty minds who wish to accomplish the objectives of the agreement.
(ii) MPC Rule: The “Unilateral Approach” - def may be guilty of conspiracy even if the other party was acquitted or was just pretending to agree to commite the crime (police)
(iii) Wharton Rule: When two or more people are necessary for the commission of the crime, there is no conspiracy unless more are present (dueling, adultry, bigamy)
(iv) Protected class - When a person is in a protected class, he or she will not be builty of conspiracy (statutory rape)
Conspiracy
An overt act in furtherance of the crime
(needed in some states but NOT MICHIGAN)
2. An overt act in furtherance of the crime
The act can be preparatory or something very small (e.g. supplying goods or services). It does not have to rise to the level of attempt.
NOTE - not enought to show that defendant supplied goods or services knowing that they were going to be used unlawful. He must actually desire to achieve the unlawful objective.
At Common Law - no overt acti was required. The crime was in the agreement itself.
Conspiracy
Mental State
Mental State
Specific intent to enter into the agreement and to accomplish the objective(s) of the conspiracy.
Conspiracy
What is the defendant liable for?
(1) conspiracy to commit the crime and
(2) all other crimes committed by his co-conspirators so long as the crimes were foreseeable and in furtherance of the conspiracy (unless the defendant withdrew before they were committed) (“Pinkerton doctrine”)
NO MERGER - A defendant can be convicted of conspiracy and the crime itself.
Conspiracy
What if the conspiracy is never completed or impossible to complete?
What effect does the defendant’s withdrawal have?
It does not matter if the conspiracy is completed or not. It does not matter if the conspiracy is impossible to complete.
He is liable for the conspiracy but not liable for the crimes committed in furtherance of the conspiracy that occurred after the withdrawal.
Solicitation
Definition
A defendant requests, encourages, advises, or commands that someone commit a crime with the specific intent that the crime be committed.
NOTE - it makes no difference whether the person agrees to commit the crime or if the crime actually ends up being committed. The purpose of the crime of solicitation is to punish someone for merely asking w/o regard to what happens next.
NOTE - Guilty of either the crime itself or solicitation (not both)
Solicitation
Defenses
(1) Factual impossibility (person solicited was an undercover agent) NO defense
(2) Changing one’s mind - “withdrawing” from the crime is NOT a defense. (theory: You can’t unask a question)
MICHIGAN - A complete and voluntary withdrawal is a defense to solicitation.
A Final Note on Merger Rules
Solicitation and Attempt merge with the completed crime
Conspiracy does not merge with the completed cime
