Inchoate Crimes Flashcards
What is conspiracy and does it merge?
The elements of conspiracy include: (i) an agreement between two or more persons; (ii) an intent to enter into an agreement; and (iii) an intent to achieve the object of the agreement. Some jurisdictions also require an overt act by one of the parties, which is any action taken in furtherance of the conspiracy. An overt act does not have to be as serious as a substantial step under attempt law and can be any action taken in furtherance of the conspiracy. Conspiracy does not merge with the principal offense. An accused can be convicted of both conspiracy and the principal offense.
Under Pinkerton v. United States, 328 U.S. 640 (1946), one member of a conspiracy is liable for the crimes of her co-conspirators if those crimes were foreseeable and committed in furtherance of the conspiracy’s objective. Even if the co-conspirator is not present and took no physical part in the crime, she still can be held liable under this standard.
What is solicitation and does it merge?
Solicitation consists of inciting counseling, advising, inducing urging, or commanding another to commit a crime with the specific intent that the person commit the crime. The offense is complete the moment the solicitation is made, regardless of agreement. Solicitation merges with the crime that was solicited if it was actually committed. An accused, therefore, cannot be convicted of both solicitation and the principal offense.
