Inchoate Crimes Flashcards
All require specific intent to commit target offense
What is the definition of solicitation?
crime of trying to get someone to commit your crime. Enticing, advising, inciting, inducing, urging or otherwise encourage another to commit target offense
Common law solicitation
misdemeanor and crime solicited had to be felony or breach of peace
Modern solicitation
requesting another commit any offense
What is the definition of attempt?
crime of “almost committing a crime
What are the elements of attempt?
1) specific intent or purpose to bring about criminal result
2) significant overt act in furtherance of that intent that proves D went past point of preparation and began perpetration
Tests for beyond preparation:
CL: required to perform last act necessary to achieve intended result
MPC: acts prior are sufficient as long as substantial step toward commission that indicates a purpose to complete attempt has been made
Proximity Tests: how close in time and physical distance D was to time and place target crime was to be committed
Equivocality Tests: D’s conduct unequivocally indicates he was going to complete target offense
What are the defenses to attempt?
1) abandonment
CL: no defense once attempt complete
MPC: Voluntary, complete abandonment is defense
2) legal impossibility: not guilty if thought committing a crime its not
3) factual impossibility: D would have committed offense had facts been as she believed them to be
What is the definition of conspiracy?
crime of planning to commit crime with someone else
What are the elements of conspiracy?
1) an agreement to create an unlawful criminal combination
2) between 2 or more persons
3) with intent to agree and
4) specific intent to commit unlawful act
What is the pinkerton rule?
Each co-conspirator is liable for crimes of all other co-cons where crimes were both:
1) a foreseeable outgrowth of conspiracy; and
2) committed in furtherance of conspiratorial goal
MPC: unilateral conspiracy
permits conviction of single party when other feigned agreement or is acquitted
Overt act requirement
CL: not required, agreement itself is a crime
Modern: Require overt act in furtherance of conspiracy (beginning preparation is enough)
Defenses to Conspiracy
1) Withdrawal: CL + MPC: complete and voluntary withdrawal severs liability for future crimes, but no defense to conspiracy itself, requires notice to all conspirators
2) renunciation: MPC only: Withdrawal + Affirmative act to thwart conspiracy can eliminate liability for conspiracy
What is the definition of accomplice?
way to link accomplice to a crime committed by someone else. Accomplice will be charged as if he were principal
Defendant is criminally liable as an accomplice if:
Does some act or omission w/ duty to act that facilitates the principal’s commission of crime or attempt, including encouragement with purpose of bringing about commission of crime.
