Inchoate Offenses

Question 1

Elements of Attempt

Answer 1

A. A specific intent to commit the target crime and
B. An overt act in furtherance of that intent (beyond mere preparation)
i. Substantial Step (MPC and majority)
ii. Proximity (minority approach): dangerously close to success and physical proximity
iii. Unequivocality
C. Cannot recklessly or negligently attempt something, must be intentional

Question 2

Types of Complicity

Answer 2

A. Not an independent crime, but rather the substantive crime (all can be found guilty)
i. Principal
ii. Accomplice
iii. Accessories after the fact
B. Follow “natural and probable” consequence doctrine

Question 3

Elements of Conspiracy

Answer 3

A. Solicitation – if “A” tries with “B” but “B” refuses
B. Majority
i. An agreement between two or more persons
ii. And intent to enter into an agreement
iii. And intent to achieve the objective and
iv. An overt act in furtherance of the conspiracy (mere preparation will suffice)
C. Minority (CL)
i. An agreement between two or more persons
ii. An intent to enter into an agreement and
iii. An intent to achieve the objective of the agreement
D. Supplier must both know of illegal use and intent to further that use

Question 4

Feigning Co-Conspirator

Answer 4

Majority Modern Trend: only 1 party needs to have genuine criminal intent

Minority CL: requires at least 2 guilty minds

Question 5

The Pinkerton Rule

Answer 5

Cl, rejected by MPC

“Each member of the conspiracy are held responsible for the others’ actions if:

1. The crimes were committed in furtherance of the agreement objective, and
2. The crimes were a natural and probable consequence of the conspiracy”