Inchoate Offenses

Question 1

Attempt Elements

Answer 1

Attempt is:
• A direct act,
• Done with intent to commit a crime,
• But which falls short of completing the crime.

Question 2

Conspiracy Rule

Answer 2

Conspiracy is committed when:
• there is an agreement
• between two or more persons
• with an intent to commit a felony.

Question 3

Police Officer as Co-Conspirator Rule

Answer 3

An accused may not be convicted for conspiracy with a police officer and the officer’s confidential informant.

Question 4

Conspiracy Overt Act Requirement

Answer 4

A conspiracy is committed when the agreement to commit the offense is complete.

Question 5

Conspiracy Conviction Rule

Answer 5

• If a defendant has already been tried and convicted of an act that he also conspired to commit, he can’t be charged for conspiracy of that crime.
• Exceptions:
  • Conspiracy conviction is not barred if based on acts separate from the substantive conviction
  • A defendant may be convicted of both the completed offense and conspiracy if the convictions occur in a single trial

Question 6

Conspiracy Acquittal Rule

Answer 6

If a defendant is acquitted of the underlying felony, then a subsequent prosecution for conspiracy is barred.

Question 7

Hearsay Exception for Co-Conspirators

Answer 7

Statements made in furtherance and during the course of a conspiracy (as if made by the co-conspirator) are an exception to the hearsay rule.