Inchoate Offences

Question 1

What is the definition of solicitation?

Answer 1

Asking someone to commit a crime

With the intent that the crime be committed

The offence is complete at the time the solicitation is made, not when the crime is committed

Question 2

What is the mental state for solicitation?

Answer 2

Specific intent

Question 3

Can you withdraw or denounce your actions once you solicit someone to commit a crime?

Answer 3

No, as the offence is already complete

Question 4

What is the definition of conspiracy?

Answer 4

An agreement

Between two or more people

To commit a crime

Plus, an overt act in furtherance if that crime

Question 5

To form an agreement for the offence of conspiracy, does it need to be an express agreement?

Answer 5

No, can be by conduct (like action towards a common purpose over a period of time)

Question 6

To constitute an “overt act” under the definition of conspiracy, what is required?

Answer 6

Any act, even if merely preparatory

Question 7

What is the mental state for conspiracy?

Answer 7

Specific intent to do two things:

• enter into an agreement
• accomplish the objectives of the conspiracy

Question 8

Do the conspiring parties need to complete the crime to have committed the offence?

Answer 8

No, the essence of the crime is the conspiracy itself

Question 9

Can you have a one person conspiracy?

Answer 9

Common law = no

MPC = yes

Question 10

What is the Wharton Rule?

Answer 10

When two or more people are necessary for the commission of the substantive offence, there is no conspiracy unless more parties participate in the agreement than are necessary for the crime

Question 11

What is the Pinkerton Rule (vicarious liability)?

Answer 11

A defendant will be liable for other crimes committed by his co-conspirators provided:

• Those crimes were committed in furtherance of the conspiracy’s objectives, AND
• Were foreseeable,

Question 12

What is the AR for attempt?

Answer 12

An overt act beyond mere preparation

Question 13

What mental state is required for attempt?

Answer 13

Specific intent to commit the underlying crime

Question 14

What is the common law interpretation of an overt act beyond mere preparation?

Answer 14

The Proximity test

D must endgame in conduct that gets dangerous close to the commission of the crime

Question 15

What is the majority/MPC interpretation of an overt act beyond mere preparation?

Answer 15

The Substantial test

D must engage in conduct that constitutes a substantial step towards the commission of the crime

Question 16

Can you attempt negligence, or reckless crimes?

Answer 16

No, you cannot attempt unintentional crimes

Question 17

If you attempt arson (for which the MR is malice), what mental state will you require for the attempt aspect?

Answer 17

Specific intent to commit the arson

Question 18

What are the two most common defences for inchoate crimes?

Answer 18

Mistake of fact

Intoxication

Question 19

If a D withdraw from a conspiracy, is he vicariously liable for the foreseeable crimes committed by his co-conspirators after his withdrawal?

Answer 19

No

Question 20

How does a D withdraw from a conspiracy?

Answer 20

Notify all members of the conspiracy that you withdraw

AND

With enough time to allow them to abandon their plans

Question 21

The D validly withdraws from the conspiracy half way through, what crimes will he still be liable for?

Answer 21

Conspiracy

AND

All foreseeable crimes committed by his co-conspirators prior to his withdrawal

Question 22

Under the MPC, abandonment is a defence to attempt, provided what?

Answer 22

It is complete and voluntary (cannot be motivated by apprehension or difficulty in completing the crime)

Question 23

Which inchoate crimes merge once the crime is committed?

Answer 23

Solicitation and attempt

Conspiracy does NOT merge