Inchoate Crimes Flashcards
Conspiracy Elements
4
(1) Agreement
(2) Between two or more people
(3) To commit an unlawful act
(4) Overt act in furtherance of the conspiracy
MPC Conspiracy
Only D must actually agree to commit the unlawful act
People with whom D agrees can be undercover agents
Overt Act Requirement
Can be a lawful or unlawful act
Just needs to further the conspiracy
Scope of Conspiracy
Each co-conspirator can be convicted both of:
(1) Conspiracy; and
(2) Crimes committed by any other conspirator acting in furtherance of the conspiracy
Chain Conspiracy
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
Spoke-Hub Conspiracy
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
Withdrawal from Conspiracy under CL
Impossible
Crime completed moment agreement is made
Withdrawal from Conspiracy under Federal/MPC
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
Attempt
A specific intent crime (even when completed crime is only a general intent crime)
Attempt Requirements
2
(1) SPECIFIC INTENT to commit a particular criminal act; and
(2) SUBSTANTIAL STEP towards perpetrating the crime
Defenses to Attempt
Defenses for specific intent crimes can be used as a defense to attempt
Merger
Attempt mergers into a completed offense
Does not apply to conspiracy
Solicitation
When individual intentionally invites, requests, or commands ANOTHER PERSON TO COMMIT A CRIME
Person agrees = conspiracy
Person commits offense = merges into completed offense