Inchoate Offenses Flashcards
What are the inchoate offenses?
solicitation
conspiracy
attempt
What is soliciation?
when a person incites, urges, counsels, advises, or encourages another to commit a crime w/ the intent that they commit the crime
For solicitation, do you need the other person to affirmatively respond?
No
Does solicitation merger w/ target offense?
Yes (complete when D asks solicitee to commit the felony)
What happens when a solicitee agrees to commit the crime?
Gives rise to conspiracy and the solicitation then merges w/ conspiracy (only crime remaining is conspiracy)
Does it matter if the solicited crime was impossible to commit?
No
What are the defenses to solicitation?
MPC allows renunciation, but CL does not
Is refusal by solicitee a defense?
No
Is impossibility or withdrawal defenses to solicitation?
No
What is conspiracy?
agreement between tow or more people to commit a crime
What are the elements of conspiracy?
- agreement between two or more
(don’t need express agreement, don’t need to know of each other’s existence) - intent to enter into the agreement
- intent to commit the target crime or pursue the unlawful objective
- overt act in furtherance of the target crime
(any slight act will suffice)
(NOT A REQUIRED ELEMENT UNDER CL)
How can you terminate a conspiracy?
ends upon completion of the target crime
What are the defenses to conspiracy?
really nothing
withdrawal is not a defense nor is impossibility; withdrawal might be possible as a defense for liability in co-conspirator subsequent crimes
What is attempt?
an act, done w/ intent to commit a crime, that constitutes an overt or substantial step towards committing the crime
(an incomplete act that would be a crime if completed)
What constitutes an overt act for attempt?
D must commit an act beyond mere preparation (substantial step towards committing the crime)
