Inchoate Crimes and Parties

Question 1

What are inchoate crimes?

Answer 1

• Inchoate crimes are crimes that involve actions taken toward committing another crime but are not fully completed.
• The three main inchoate crimes are:
  
  1. Attempt
  2. Conspiracy
  3. Solicitation

Question 2

What are the elements of attempt?

Answer 2

1. Intent to commit the crime.
2. Overt act or substantial step beyond mere preparation.

Question 3

What is a substantial step in attempt?

Answer 3

• 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.

Question 4

What is the dangerous proximity test for attempt?

Answer 4

• 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.

Question 5

How does attempt merge with the underlying crime?

Answer 5

• Attempt merges into the completed crime if the crime is committed.
• You cannot be guilty of both attempt and the underlying completed crime.

Question 6

Can a defendant withdraw from an attempt?

Answer 6

• No, once a substantial step is taken, a defendant cannot withdraw from the attempt.

Question 7

What are the elements of conspiracy under common law?

Answer 7

1. Two or more people.
2. Specific intent to commit a crime.
3. Agreement between the parties.

Question 8

How does the MPC (Modern Penal Code) treat conspiracy differently?

Answer 8

• 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).

Question 9

What crimes is a co-conspirator liable for?

Answer 9

• 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.

Question 10

Does conspiracy merge with the completed crime?

Answer 10

• No, conspiracy does not merge into the completed crime.
• You can be charged with both conspiracy and the underlying crime.

Question 11

Can a defendant withdraw from a conspiracy?

Answer 11

• A defendant cannot withdraw from the conspiracy itself once an agreement has been made.
• However, the defendant can withdraw from further criminal acts by:
  
  1. Timely notice to the co-conspirators.
  2. Taking affirmative action to withdraw.

Question 12

What is Wharton’s Rule in conspiracy?

Answer 12

• 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.

Question 13

What is solicitation?

Answer 13

• Solicitation involves encouraging, urging, or inciting another person to commit a crime, with the specific intent that the person solicited commits the crime.

Question 14

Does solicitation merge with the completed crime?

Answer 14

• Yes, solicitation merges into the completed crime.
• A defendant cannot be guilty of both solicitation and the underlying crime.

Question 15

Can a defendant withdraw from solicitation?

Answer 15

• No, once solicitation is made, the defendant cannot withdraw from the crime.

Question 16

What is accomplice liability?

Answer 16

• An accomplice aids, abets, or encourages the commission of a crime.
• An accomplice is liable for the crime they assisted in committing, even if they didn’t personally carry out the crime.
• Mere knowledge of the crime is not sufficient; intent to assist is required.

Question 17

What is the difference between an accessory before and after the fact?

Answer 17

• Accessory before the fact: Assists, abets, or encourages the commission of a crime but is not present at the crime scene.
• Accessory after the fact: Provides assistance after the crime to help the criminal avoid apprehension (e.g., hiding evidence).