Inchoate offenses Flashcards
Conspiracy
- Agreement between 2 or more persons
- To commit a criminal act (or accomplish a legal act by unlawful means)
- With intent by at least 2 persons to form an agreement and achieve the object of their agreement
Accessory vs accomplice
Accessory before-the-fact
- Provides assistance
- NOT constructively present
Accomplice (is a principal in 2nd degree)
- Actual or constructive assistance
- Constructively present (getaway driver)
Attempt definition and MPC vs. CL
MPC (lower standards than CL):
- Belief that crime or harmful result will occur
- Substantial step towards commission of the offense
CL:
- Specific intent to commit an offense AND takes a
- dangerous proximity (so near the result, success ↑↑↑)
Solicitation
- Inviting, requesting, commanding, hiring, or encouraging another to
- Commit a crime with
- Specific intent that the other person complete the solicited crime
MPC §5.02(1)
CL Conspiracy
- Agreement, express or implied
- Between two or more persons to
- Commit a criminal act OR accomplish a
- Legal act by unlawful means with
- Intent by at least two persons to form and achieve
- the object of their agreement
Why is it important to know the parties to a conspiracy?
- Pinkerton liability (hold CoCo liable for crimes of CoCos)
- Hearsay evidence
- Joint trials
- Overt act requirement
Types of conspiracies
- Wheel = one central, multiple independent D’s
2. Chain = manuf → wholesaler → retailer (awareness of existence) = multiple conspiracies.
Accomplice liability parties
- Principal P1
- Accomplice P2
- Accessory before-the-fact
- Accessory after the fact
Cannot be liable for attempted…
- Involuntary manslaughter
- Depraved-heart murder
Non-sequitur - cannot be liable for attempted result-based offenses
Can be liable for attempted malice crime
Probably not liable for attempted reckless offense
Conspiracy - CL vs modern trend
CL (default):
- NO overt act, complete upon formation of unlawful agreement
- Bilateral - P2 involves P3, P1 is liable
MPC:
1. OVERT ACT required (trivial act sufficient) for 3rd degree felony
2. Overt act NOT required for 1st or 2nd degree felony
3. Unilateral - P2 involves P3, P1 is NOT liable if she does not know of P3
§5.03
Conspiracy withdrawal and merger
- CL = withdrawal NOT a defense (completed)
- MPC = renunciation and thwart plan voluntarily OR abandonment → statute of limitations starts running if no overt act completed.
- NO merger
Accomplice liability requirements
- Assists P1 (physical, psychological or omission)
- Intent that constitutes assistance
- Possessing mental state of substantive crime
Merger for solicitation, conspiracy, attempt
Solicitation and attempt merge.
Conspiracy does not merge.
Attempt - abandonment defense under CL and MPC
CL = abandonment not a defense
MPC (minority) = full, voluntary, remorseful, good faith (§5.01(4))
Solicitation renunciation/abandonment - valid defense under MPC or CL
MPC = valid if renounced and prevents crime
CL = renunciation NOT a defense
What is an accomplice liable for?
Liable to the same extent as the principal.
Withdrawal of accomplice liability - valid defense?
Yes, and requires that the accomplice undo or nullify any assistance BEFORE the crime becomes inevitable. Some jurisdictions recognize withdrawal upon notification of law enforcement.
Conspiracy withdrawal under MPC requires:
- Voluntary renunciation
2. Prevent success of the conspiracy’s target crime
