Inchoate Crimes Flashcards
Conspiracy and undercover agents
At common law, to be guilty for a conspiracy, there must have been an agreement between two parties. When only one conspirator has the intent to agree, such as when the other conspirator is a governmental agent there is no conspiracy, unless another participant is involved.
Under the MPC, however, the focus of liability is on an individual defendant and his agreement to the object of the conspiracy. Thus, unilateral conspiracies are recognized under the MPC and generally require the commission of an overt act in furtherance of the conspiracy, this act need not be an illegal act.
The Wharton Rule
Under the Wharton Rule, if a crime requires two or more participants (e.g., adultery) there is no conspiracy unless more parties than are necessary to complete the crime agree to commit the crime. The MPC does not require the participation of at least two conspirators. Therefore, the Wharton Rule does not apply to conspiracies under the MPC.
Abandonment or Withdrawal from committing a crime
An attempt requires a specific intent to commit a criminal act coupled with a substantial step taken toward the commission of the intended crime. At common law, once the defendant has taken a substantial step toward the commission of the offense, the defendant may not legally abandon the attempt to commit the crime because of a change of heart. Upon the completion of a substantial step, the crime of attempt is completed; there can be no abandonment or withdrawal
Factual Impossibility
A factual impossibility occurs when, at the time of the attempt, the facts make the intended crime impossible to commit although the defendant is unaware of this when the attempt is made. However, factual impossibility is not a defense to the crime of attempt.
Attempt
Attempt occurs when a defendant has the specific intent to commit a criminal act and has taken a substantial step toward the commission of the intended crime, but ultimately fails to complete the crime.
Conspiracy
Conspiracy is an agreement between two or more persons to accomplish an unlawful purpose with the intent to accomplish that purpose. The majority rule requires an overt act in furtherance of the conspiracy. Under the majority rule, withdrawal is possible between the date of the agreement and the commission of the overt act. Upon completion of the overt act, the conspiracy is formed and withdrawal is no longer possible.
