Inchoate Crimes

Question 1

Inchoate Crimes

Answer 1

1. Solicitation
2. Conspiracy
3. Attempt

Question 2

Inchoate Crimes - Merger

Answer 2

▵ can be tried, but not punished for the following and the completed crime

1. Solicitation
2. Attempt

Question 3

Solicitation

Answer 3

1. Enticing, Encouraging, or commanding another person
2. to commit a crime
3. with intent that the other person commits the crime

Question 4

Conspiracy

Answer 4

1. Agreement
2. between 2 or more persons
3. to accomplish an unlawful purpose
4. with the intent to accomplish that purpose
5. Overt Act (Federal/Majority/MPC Rule, not common law)

• In furtherance of the crime

Question 5

Co-Conspiracy Liability

Answer 5

Each co-conspirator liab. for all crimes that are:

1. Foreseeable, and
2. Committed in furtherance of the conspiratorial goal

Question 6

Unilateral Conspiracy

Answer 6

1. Conviction of single party to conspiracy
2. when co-conspirators fake agreement or
3. another party to the conspiracy is acquitted

Question 7

Chain Conspiracy

Answer 7

1. Community of Interest
2. in achievement of the object of the conspiracy
3. All members liab. for acts of others in furtherance of conspiracy

Question 8

Wheel-Spoke Conspiracy

Answer 8

1. 1 common member
2. enters agreements to commit several crimes
3. with independent people

• Only liable for their share b/c unaware of other parts

Question 9

Wharton Rule

Answer 9

1. If crime requires 2 or more participants as nec. elem. for commission
2. no conspiracy to commit offense if no additional people used to commit offense

Question 10

Conspiracy Defenses

Answer 10

1. Complete & Voluntary Withdrawal - severs liab. of fut. crimes of co-conspirators BUT still liab. for underlying conspiracy
2. Renunciation (MPC only) - co-conspirator can withdraw & perf. act that thwarts the conspiracy ➞ removes liab. from underlying conspiracy

Question 11

Attempt

Answer 11

1. Specific Intent to commit the crime
2. Substantial step towards commission of crime (beyond mere prep.)

Question 12

Substantial step towards commission of crime

Answer 12

1. Majority - Subst. Step Test - not subst. step if mere prep., must effect commission
2. Minority - Dangerous Proximity Test - dangerous prox. of completion of crime

Question 13

Attempt Defenses

Answer 13

Legal Impossibility - Act is not a crime