Inchoate offenses

Question 1

inchoate crime means

Answer 1

A crime committed in anticipation of, or preparation for, another crime.

Question 2

what are the inchoate offenses

Answer 2

1. Solicitation
2. Conspiracy
3. Attempt

Question 3

list (3)

Elements of conspiracy

Answer 3

1. agreement btwn two or more ppl
2. intent to enter into the agreement
3. intent by at least 2 ppl to achieve the objective of the agreement

Question 4

What intent for conspiracy

Answer 4

specific intent crime

1. parties need intent to agree
2. intent to achieve objective of conspiracy

Question 5

Modern/unilateral/MPC approach to conspiracy

Answer 5

requires only one party to have genuine criminal intent

meaning D can be charged if they conspire with one person (even if that one person is an undercover PO)

Question 6

Traditional/bilateral/CL approach to conspiracy

Answer 6

requires at least two guilty minds

• if one person faking agreement, other person cannot be held liable*
• need to have actual capacity to enter agreement (if for ex., someone is mentally insane, then they lack the actual capacity to agree)*

Question 7

Wharton Rule

Answer 7

where two or more ppl are needed to commit a substantive offense, there will be NO crime of conspiracy UNLESS MORE than two ppl participate

ex: takes two ppl to commit adultery but three to conspire to commit adultery

Question 8

Conspiracy terminates when

Answer 8

wrongful objective is completed

Question 9

list (2)

Conspirator may be held liable for other crimes committed by other conspirators if crimes

Answer 9

1. crimes were committed in furtherance of the conspiracy objective(s)
2. crimes were foreseeable

i.e. conspiracy to rob a bank and one of the co-conspirators kills a teller in order to escape the bank with the cash. The other ppl involved in conspiracy may also be held liable for murder even if they themselves did not kill the teller.

Question 10

Defenses to conspiracy

Answer 10

withdrawal not generally a defense BUT

withdrawal MAY be a defense towards other crimes which were committed in furtherance of conspiracy…but the D cannot withdraw from the conspiracy itself!

Question 11

is factual impossibility a defense to conspiracy?

Answer 11

no it is not!

Question 12

when is withdrawal effective

Answer 12

when a conspirator performs an affirmative action notifying all co-conspirators of his withdrawal

AND

notice is given in time for the other co-conspirators to abandon their plan

if conspirator has given assistance as an accomplice, then they had to try to neutralize the assistance

Question 13

is merger of the conspiracy and then the crime committed in furtherance of the conspiracy permitted?

why?

Answer 13

NO - conspiracy and crime committed need to be separate

and D can be convicted of both conspiracy and crime!

Question 14

list (2) + 2 notes

Elements of solicitation

Answer 14

1. entice or encourage another to commit a crime
2. with specific intent that solicited crime be committed

Notes:

1. Solicitation is completed when elements for 1+2 are met
2. Solicitation merges with completed crime - so not punished for both crimes; will be punished for the greater crime

Question 15

defense to solicitation

Answer 15

legislative intent to exempt person solicited

ie minor cannot be guilty of solicitation of statutory rape by urging adult to have sex because minor cannot be guilty of completed crime

Question 16

Elements of attempt

Answer 16

attempt is an act done with intent to commit a crime that falls short of completing the crime

Question 17

Attempt requires

Answer 17

specific intent + overt act in furtherance of crime

Question 18

to establish intent under attempt need to show

Answer 18

D intended to perform an act and obtain a result that would constitute a crime (if achieved)

Question 19

what act is required for attempt

Answer 19

D must commit an act beyond mere preparation for the offense

Question 20

proximity test vs substantial step

Answer 20

CL uses proximity test

MPC uses substantial step

Question 21

what is the proximity test

Answer 21

CL - requires act to be dangerously close to successful completion of crime

Question 22

what is the substantial step test

Answer 22

MPC - act or omission constitutes a substantial step in a course of conduct planned to culminate in commission of the crime

Question 23

list (2)

defenses to attempt

Answer 23

1. MPC abandonment - fully voluntary and complete abandonment
2. legally impossibility - rare