Inchoate Offenses

Question 1

What is an inchoate crime?

Answer 1

D convicted of solicitation, conspiracy, or attempt is generally punished pursuant to penalties provided next lower degree of the substantive offense

Question 2

Conspiracy

Answer 2

entered in to an agreement with another to accomplish an unlawful purpose with intent to accomplish the unlawful purpose

Question 3

distinction of florida conspiracy

Answer 3

no overt act is needed

Question 4

pinkerton doctrine

Answer 4

when D conspires to commit crime, the D will be guilty of every crime commited in addition to the crime the co-conspirator commited so long as the crimes of the co-conspirator are commited in furtherance of the original agreement

Question 5

Difference in florida of co-conspirator acquittal

Answer 5

does not preclude prosecution of remaining D

Question 6

withdrawal defense

Answer 6

in FL, it is a defense to conspiracy if the accused tries to get everyone else not to commit the crime, or otherwise prevents it from happening - must be voluntary and complete renunciation of the crime (this is not allowed on MBE)

Question 7

solicitation

Answer 7

d: 1) commands, encourages, hires, or requests that person commit the crime with 2) specific intent that the person actually commits the crime

Question 8

attempt

Answer 8

d 1) intends to commit the crime, and 2) did any act towards the completion of the crime but failed, or was interrupted or intercepted

Question 9

insanity

Answer 9

affirmative defense and must be proven by D with clear and convincing evidence

Question 10

McNaughten rule

Answer 10

to est. insanity in FL, D must show: 1) a mental infirmity disease or defect and 2) because of the mental condition, the D either understood what he was doing and the consequences of those actions, but did not understand that it was wrong OR did not understand the consequences

Question 11

Florida specifics on insanity defense

Answer 11

does not allow an irresistable impulse defense and requires notice of insanity defense

Question 12

when is the use of deadly force allowed

Answer 12

1) self defense 2) defense of others 3) to prevent a delony in a dwelling 4) to defend property (other than a dwelling) to prevent imminent commission of forcible felony

Question 13

self defense`

Answer 13

justified in the use of force to the extent that the D reasonably believed necessary to defend himself or someone else against imminent harm

Question 14

imperfect self defense

Answer 14

the D honestly but unreasonably believes it was necessary to respond with deadly force - this is not recognized in Fl.