Inchoate Crimes and Parties Flashcards
1
Q
What are inchoate crimes?
A
- Inchoate crimes are crimes that involve actions taken toward committing another crime but are not fully completed.
- The three main inchoate crimes are:
- Attempt
- Conspiracy
- Solicitation
2
Q
What are the elements of attempt?
A
- Intent to commit the crime.
- Overt act or substantial step beyond mere preparation.
3
Q
What is a substantial step in attempt?
A
- A substantial step is an act that goes beyond mere preparation and shows the defendant’s intent to commit the crime.
- Jon drives to Marino’s house with a loaded gun to kill him, but is arrested before he can do anything further. Is this a substantial step?
Answer: Yes, driving to Marino’s house with the loaded gun is a substantial step toward committing the crime.
4
Q
What is the dangerous proximity test for attempt?
A
- The dangerous proximity test requires that a person, with the specific intent to commit a crime, engage in conduct that comes very close to the successful completion of the crime, beyond mere preparation.
5
Q
How does attempt merge with the underlying crime?
A
- Attempt merges into the completed crime if the crime is committed.
- You cannot be guilty of both attempt and the underlying completed crime.
6
Q
Can a defendant withdraw from an attempt?
A
- No, once a substantial step is taken, a defendant cannot withdraw from the attempt.
7
Q
What are the elements of conspiracy under common law?
A
- Two or more people.
- Specific intent to commit a crime.
- Agreement between the parties.
8
Q
How does the MPC (Modern Penal Code) treat conspiracy differently?
A
- Under the MPC, only one party needs to have criminal intent for the conspiracy to be valid (unilateral conspiracy).
- Under common law, two guilty minds are required for a conspiracy.
- Jon and an undercover cop agree to rob a bank. Is Jon guilty of conspiracy under common law and MPC?
Answer:- Under common law, Jon is not guilty (one party is not criminal).
- Under the MPC, Jon is guilty (one party’s intent is enough).
9
Q
What crimes is a co-conspirator liable for?
A
- A co-conspirator is liable for all crimes committed in furtherance of the conspiracy and those that are reasonably foreseeable.
- Jon and you rob a bank, and Jon takes the money, kidnaps a child, and shoots a guard. What crimes is Jon guilty of?
Answer: Jon is guilty of robbery, kidnapping, and attempted murder.
10
Q
Does conspiracy merge with the completed crime?
A
- No, conspiracy does not merge into the completed crime.
- You can be charged with both conspiracy and the underlying crime.
11
Q
Can a defendant withdraw from a conspiracy?
A
- A defendant cannot withdraw from the conspiracy itself once an agreement has been made.
- However, the defendant can withdraw from further criminal acts by:
- Timely notice to the co-conspirators.
- Taking affirmative action to withdraw.
12
Q
What is Wharton’s Rule in conspiracy?
A
- Wharton’s Rule prohibits the prosecution of two people for conspiracy to commit a crime that requires at least two persons to complete (e.g., prostitution or bigamy).
- It does not apply if the crime can be committed by one person alone.
13
Q
What is solicitation?
A
- Solicitation involves encouraging, urging, or inciting another person to commit a crime, with the specific intent that the person solicited commits the crime.
14
Q
Does solicitation merge with the completed crime?
A
- Yes, solicitation merges into the completed crime.
- A defendant cannot be guilty of both solicitation and the underlying crime.
15
Q
Can a defendant withdraw from solicitation?
A
- No, once solicitation is made, the defendant cannot withdraw from the crime.
