Inchoate Crimes Flashcards

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1
Q

Conspiracy Elements

4

A

(1) Agreement
(2) Between two or more people
(3) To commit an unlawful act
(4) Overt act in furtherance of the conspiracy

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2
Q

MPC Conspiracy

A

Only D must actually agree to commit the unlawful act

People with whom D agrees can be undercover agents

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3
Q

Overt Act Requirement

A

Can be a lawful or unlawful act

Just needs to further the conspiracy

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4
Q

Scope of Conspiracy

A

Each co-conspirator can be convicted both of:

(1) Conspiracy; and
(2) Crimes committed by any other conspirator acting in furtherance of the conspiracy

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5
Q

Chain Conspiracy

A

Co-conspirators are engaged in an enterprise consisting of many
steps

Each participant is liable for the substantive crimes of his co-conspirators

Ex: Manufacturer–Distributer–Dealer

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6
Q

Spoke-Hub Conspiracy

A

Involves many people dealing with a central hub

Participants are not liable for the substantive crimes of their co-conspirators because each spoke is treated as a separate agreement rather than one larger general agreement

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7
Q

Withdrawal from Conspiracy under CL

A

Impossible

Crime completed moment agreement is made

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8
Q

Withdrawal from Conspiracy under Federal/MPC

A

Can withdraw prior to commission of any overt act by:

(1) COMMUNICATING INTENTION to withdraw to all other conspirators; or
(2) INFORMING LAW ENFORCEMENT

If overt act completed, can only withdraw by helping thwart conspiracy

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9
Q

Attempt

A

A specific intent crime (even when completed crime is only a general intent crime)

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10
Q

Attempt Requirements

2

A

(1) SPECIFIC INTENT to commit a particular criminal act; and

(2) SUBSTANTIAL STEP towards perpetrating the crime

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11
Q

Defenses to Attempt

A

Defenses for specific intent crimes can be used as a defense to attempt

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12
Q

Merger

A

Attempt mergers into a completed offense

Does not apply to conspiracy

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13
Q

Solicitation

A

When individual intentionally invites, requests, or commands ANOTHER PERSON TO COMMIT A CRIME

Person agrees = conspiracy

Person commits offense = merges into completed offense

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