Inchoate (Incomplete) Offenses Flashcards
What is the definition of solicitation
Asking someone to commit a crime with the intent of the crime be committed
What is the definition of conspiracy?
An agreement between 2 or more people to commit a crime plus an OVERT ACT (any act) in furtherance of that crime
In the absence of speech or written agreement, what can service proof of agreement between co-conspirators?
Acting in concert toward a common goal
Does New York use the bilateral or unilateral rule for conspiracy?
New York uses the unilateral approach. Even if co-conspirators are acquitted or are pretending to agree.
At common law, if all but one co-conspirator is acquitted, made the last remaining man be convicted?
No. Due the bilateral approach.
With respect to conspiracy, New York follows the Wharton rule, which holds?
When 2 or more people are required for the commission of the substantive offense, the conspiracy must have more parties to it that are necessary for the crime about which they are conspiring. This is the law in New York.
The New York, is there vicarious liability for co-conspirators for additional crimes committed in furtherance of the conspiracy’s objective if those additional crimes are foreseeable?
No, New York does not use vicarious liability for one who MERELY CONSPIRES and DOES NOT participate in the additional crime committed by a co-conspirator.
This factual impossibility defense to conspiracy?
No
Under New York law, what is the act requirement for the crime of attempt?
Strict to proseuctor = PROXIMITY TEST =conduct that gets DANGEROUSLY CLOSE to the commission of the crime
Under common law, what is the act requirement for the crime of attempt
Generous to proseuctor = conduct that constitutes a substantial step toward the commission of the crime, provided conduct STRONGLY CORROBORATES criminal purpose
Can you be accused of attempt of involuntary crimes?
No. That is completely impossible. There is no attempt version of negligence crimes or involuntary crimes or recklessness crimes..
Is factual impossibility a defense to attempt?
No, never
When is legal impossibility defense to attempt: 1. Under New York law?
2. Under common law?
- Under New York law, legal impossibility is NOT a defense to attempt.
- Under common law, legal impossibility is a defense to attempt.
(Attempting to steal your own umbrella)
Under common law, is withdrawal a defense to inchoate offenses?
Under common law, withdrawal is only effective for future crimes of co-conspirators. Withdrawal is otherwise ineffective for inchoate offenses.
How do you withdraw for inchoate offenses under New York law? 2 elements?
RENUNCIATION:
- Defendant renounces criminal purpose prior to the commission of the offense and makes a SINCERE and SUCCESSFUL effort to PREVENT the commission of the offense, and
- The renunciation is COMPLETE and VOLUNTARY, based on a genuine “change of heart”
Which to inchoate crimes merge with the completed crime on the MBE?
Solicitation and attempt
In New York, which inchoate crimes merge with the underlying offense?
Only attempt. Unlike common law, New York does not merge solicitation into the underlying offense.
When there is a large conspiracy and several sub conspiracies, when may members of the sub conspiracies be held liable for each other’s crimes that are foreseeable and in furtherance of the larger scheme?
All co-conspirators liable for each other’s crimes and a “CHAIN relationship”
members of sub conspiracies are not liable for the crimes of other sub conspiracy criminals, to the extent they are unrelated “HUB AND SPOKE relationship”
Of a crime whose mens rea is negligence or whose mens rea is recklessness?
No. Attempt requires the specific intent to commit the underlying crime.
At common law, is abandonment defense to attempt?
At common law, abandonment is not a defense if the defendant had the intent and committed an overt act.
Under New York law, when is withdrawal an affirmative defense to solicitation and conspiracy (2 elements)?
- RENUNCIATION that is voluntary and complete, and
2. Defendant PREVENTED commission of the crime
Second-degree solicitation and second-degree conspiracy both require what level of crime?
Class A felony
Under New York conspiracy law, is there vicarious liability for one who merely conspires and does not participate in committed the crime?
No. Merely conspiring and not participating is insufficient for crimes committed I other conspirators.
In New York, what is the affirmative defense to attempt?
Abandonment: it requires a voluntary and complete renunciation and that the defendant avoided the commission of the crime by abandoning the effort.
