Inchoate Offenses Flashcards
Name the elements of conspiracy?
1) An agreement between two or more people.
2) Intent to enter into such an agreement.
3) Intent by at least two persons to achieve the objective of the agreement.
Is mere preparation for a crime sufficient for conspiracy?
No, the majority of states require an overt act. Under common law, it is sufficient.
FOR THE BAR EXAM: If operating under the majority rule that requires an agreement plus an overt act, any little act can be an overt act in furtherance of the conspiracy, even an act of mere preparation.
Explain the agreement requirement for conspiration.
- Parties must agree to accomplish the same objective by mutual action.
- Agreement need not be express. It may be inferred from joint activity.
What is the common law approach to the two-party requirement for conspiracy?
Conspiracy requires at least two guilty minds. If one person is feigning an agreement, the other party cannot be convicted of conspiracy.
Assume this approach for the bar exam.
What is the modern trend/ MPC approach to the unilateral approach to controversy?
Requires one person to have genuine criminal intent. For example, if one person conspires with an undercover police officer, the defendant can be convicted of conspiracy.
What is the effect of acquittal in conspiracy cases?
The acquittal of all persons with whom a defendant is alleged to have conspired precludes the conviction of the remaining defendant.
What is a conspiracy terminated?
When the unlawful objective is completed. Acts of concealment DO NOT form part of the conspiracy.
When can a conspirator be held liable for other co-conspirators?
When the crimes were foreseeable and such crimes were committed in furtherance of the objectives of the conspiracy.
What are NOT defenses to the crime of conspiracy?
Factual impossibility and sometimes, withdrawal.
However, withdrawal may be effective in one situation i.e., one can withdraw frim other conspirators’ subsequent crimes but not the conspiracy itself.
When is withdrawal effective?
Member must NOTIFY the other members and such notice must be given in time for the members to abandon their plans. If the conspirator has provided assistance as an accomplice, they must try to neutralize the assistance.
What constitutes as solicitation?
Asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime. The person solicited does not have to agree to commit the crime.
What are NOT defenses to solicitation of a crime?
1) The person solicited is not convicted.
2) The offense solicited could not have been successful.
3) Renunciation/ withdrawal. Except MPC recognizes renunciation as a defense if the defendant prevents the commission of a crime, such as persuading the person solicited not to commit the crime.
What can be a defense to solicitation?
If there is a legislative intent to exempt some.
Explain the merger doctrine in respect of solicitation.
If the person solicited committed the crime > both the person and the solicitor can be held for that crime.
If the person solicited commits the crime acts sufficient to be liable for the attempt, both parties can be liable for the attempt.
If the person solicited agrees to commit the crime but does not even commit acts sufficient for the attempt, both parties can be held liable for conspiracy.
Solicitor cannot be punished for both the solicitation and other offenses.
Name the elements of attempt.
Attempt is an act done, with the intent to commit a crime, that falls short of committing the crime. It requires specific intent and overt act.
Overt act must constitute a substantial step in a course of conduct planned to culminate in the commission of the crime.
