Inchoate Crimes (Ch. 8)

Question 1

inchoate

Answer 1

“partly in existence or imperfectly formed;” an inchoate crime is one that is a step toward the completion of a target crime.

Question 2

solicitation

Answer 2

the offense of asking someone else to commit or join in a crime.

Question 3

actus reus of solicitation

Answer 3

requesting another person to commit or join in a specified crime.

Question 4

mens rea of solicitation

Answer 4

the intent that the crime be committed.

Question 5

If the solicitee agrees to commit the crime, what happens?

Answer 5

A conspiracy is formed, and the solicitation merges into the conspiracy.

Question 6

Can a solicitation constitute an attempt?

Answer 6

Generally not, unless further steps are taken toward the commission of the crime.

Question 7

conspiracy

Answer 7

an agreement between two or more persons to commit a crime.

Question 8

actus reus of conspiracy

Answer 8

the agreement to commit a crime.

Question 9

mens rea of conspiracy

Answer 9

(1) intent to agree, and (2) intent to commit the target offense.

Question 10

Does the agreement in a conspiracy have to be written or explicit?

Answer 10

No the agreement can be oral and can be inferred from conduct.

Question 11

In addition to agreement and intent for a conspiracy, many states also require a ______.

Answer 11

overt act– a step is taken toward commission of the crime. Ex. if the conspiracy is to rob a bank, an overt act could be going online to find the nearest one to rob. (CA has the overt act requirement.)

Question 12

Why punish conspiracy

Answer 12

Group criminal activity is thought to be particularly dangerous.

Question 13

Does conspiracy merge into the target offense?

Answer 13

No, a person can be convicted of both.

Question 14

Can a person withdraw from a conspiracy?

Answer 14

Yes, by affirmatively rejecting the conspiracy and communicating that rejection to the other members of the conspiracy known to the person.

Question 15

When conspirators commit more than one offense, how many conspiracies are there?

Answer 15

It is determined by the number of agreements that were made.

Question 16

If a would-be conspirator “agrees” with an undercover policy officer to commit a crime, is there a conspiracy?

Answer 16

No, there must be the actual intent to commit the crime by at least two people.

Question 17

When does a conspiracy end?

Answer 17

Often when the conspirators are arrested, or when the crime is complete and the successful ex-conspirators go their separate ways.

Question 18

Two types of complex conspiracies

Answer 18

chain, and hub and spokes

Question 19

rim of a hub and spokes conspiracy

Answer 19

There is a rim if the spokes are mutually dependant on the continuing success of the hub.

Question 20

Pinkerton liability

Answer 20

says that members of a conspiracy are liable for crimes committed by fellow conspirators if that act is done to further the conspiracy and that act is a natural and probably consequence of the common plan or design of the conspiracy.

Question 21

Wharton’s Rule

Answer 21

An exception to the general rule that there is no merger of a conspriacy into the targeted offense; says that the conspiracy merges if the crime necessarily requires the participation of two people for its commission. Ex. incest, bigamy.

Question 22

When does Wharton’s Rule not apply?

Answer 22

if more than the minimum number of people required to commit the crime actually participate in the offense, or when the consequences of the crime impact more than the participants.

Question 23

mens rea of attempt

Answer 23

intent to commit a target crime.

Question 24

actus reus of attempt

Answer 24

a substantial step toward completion of the crime.

Question 25

Why punish attempt?

Answer 25

Allows police to prevent crime by arresting individuals who have demonstrated their dangerousness before they complete their intended crime.

Question 26

Is attempt a specific or general intent crime?

Answer 26

Specific intent (even if the target crime is a general intent crime).

Question 27

complete attempt

Answer 27

defendant took every step she intended to take to commit the crime, but for some reason the crime was not committed.

Question 28

incomplete attempt

Answer 28

steps remain to be taken before the crime can occur.

Question 29

proximity approach

Answer 29

a method of analyzing incomplete attempts that asks “How close did the defendant get to completing the offense?” Courts consider the number of acts remaining before the crime could occur, the distance to be covered before the crime could occur, and how close in time the offender got to completing the crime.

Question 30

equivocality test

Answer 30

method of analyzing incomplete attempts in which we pretend D’s conduct from the beginning was video recorded, and we are watching the video with the sound turned off. Focuses on D’s actual conduct.

Question 31

MPC approach to incomplete attempts

Answer 31

instead of asking how close D got to committing the crime, asks how far did D go toward completing the crime.

Question 32

Does attempt merge into the completed crime?

Answer 32

Yes, D cannot be convicted of both, but if D is acquitted of the target crime, D can still be convicted of attempt of that crime.

Question 33

Attempted murder

Answer 33

Requires intent to kill (malice cannot be implied). Also is not divided into degrees.

Question 34

kill zone theory of attempted murder

Answer 34

Usually someone who intends to kill only one person and attempts to do so unsuccessfully is guilty only of attempted murder of that person, but he can also be guilty of attempted murder of other in the “kill zone,” which depends on the nature and scope of the attack. Ex. this would apply if D put a bomb on an airplane, intending only to kill one person.

Question 35

impossibility defense

Answer 35

Says it is not a crime to attempt to do that which it is legally impossible to do. Ex. shooting a stuffed deer is not attempted poaching. Today, most states reject this defense, including CA.