Inchoate offenses

Question 1

Conspiracy

Answer 1

1. Agreement between 2 or more persons
2. To commit a criminal act (or accomplish a legal act by unlawful means)
3. With intent by at least 2 persons to form an agreement and achieve the object of their agreement

Question 2

Accessory vs accomplice

Answer 2

Accessory before-the-fact

1. Provides assistance
2. NOT constructively present

Accomplice (is a principal in 2nd degree)

1. Actual or constructive assistance
2. Constructively present (getaway driver)

Question 3

Attempt definition and MPC vs. CL

Answer 3

MPC (lower standards than CL):

1. Belief that crime or harmful result will occur
2. Substantial step towards commission of the offense

CL:

1. Specific intent to commit an offense AND takes a
2. dangerous proximity (so near the result, success ↑↑↑)

Question 4

Solicitation

Answer 4

1. Inviting, requesting, commanding, hiring, or encouraging another to
2. Commit a crime with
3. Specific intent that the other person complete the solicited crime

MPC §5.02(1)

Question 5

CL Conspiracy

Answer 5

1. Agreement, express or implied
2. Between two or more persons to
3. Commit a criminal act OR accomplish a
4. Legal act by unlawful means with
5. Intent by at least two persons to form and achieve
6. the object of their agreement

Question 6

Why is it important to know the parties to a conspiracy?

Answer 6

1. Pinkerton liability (hold CoCo liable for crimes of CoCos)
2. Hearsay evidence
3. Joint trials
4. Overt act requirement

Question 7

Types of conspiracies

Answer 7

1. Wheel = one central, multiple independent D’s

2. Chain = manuf → wholesaler → retailer (awareness of existence) = multiple conspiracies.

Question 8

Accomplice liability parties

Answer 8

1. Principal P1
2. Accomplice P2
3. Accessory before-the-fact
4. Accessory after the fact

Question 9

Cannot be liable for attempted…

Answer 9

1. Involuntary manslaughter
2. 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

Question 10

Conspiracy - CL vs modern trend

Answer 10

CL (default):

1. NO overt act, complete upon formation of unlawful agreement
2. 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

Question 11

Conspiracy withdrawal and merger

Answer 11

1. CL = withdrawal NOT a defense (completed)
2. MPC = renunciation and thwart plan voluntarily OR abandonment → statute of limitations starts running if no overt act completed.
3. NO merger

Question 12

Accomplice liability requirements

Answer 12

1. Assists P1 (physical, psychological or omission)
2. Intent that constitutes assistance
3. Possessing mental state of substantive crime

Question 13

Merger for solicitation, conspiracy, attempt

Answer 13

Solicitation and attempt merge.

Conspiracy does not merge.

Question 14

Attempt - abandonment defense under CL and MPC

Answer 14

CL = abandonment not a defense

MPC (minority) = full, voluntary, remorseful, good faith (§5.01(4))

Question 15

Solicitation renunciation/abandonment - valid defense under MPC or CL

Answer 15

MPC = valid if renounced and prevents crime

CL = renunciation NOT a defense

Question 16

What is an accomplice liable for?

Answer 16

Liable to the same extent as the principal.

Question 17

Withdrawal of accomplice liability - valid defense?

Answer 17

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.

Question 18

Conspiracy withdrawal under MPC requires:

Answer 18

1. Voluntary renunciation

2. Prevent success of the conspiracy’s target crime