Inchoate Offenses Flashcards
Attempt, generally
Defendant has intent to commit underlying offense, but the act is not yet complete
Attempt act requirement under common law
Proximity test: how close is crime to being completed (what remains to be done)
Attempt act requirement MPC
Substantial step: what has been done
The act for attempt cannot be
Mere preparation. Must cross line into perpetration
Substantial step
Act done in pursuance of intent, and more or less directly tending toward commission of crime. Inexplicable as lawful act, more than mere preparation
Attempt: Mens rea
Purposely or knowingly/specific intent for underlying offense. Must know of any attendant circumstances
Defense of Impossibility
Factual impossibility is not a defense. Must be legally impossible; i.e., offense, if completed, would not be a crime
Abandonment Defense for Attempt
No defense under common law. Under MPC, must be voluntary and unmotivated by outside factors. May have to commit commission of crime
Solicitation
Asking another to commit a crime. Specific intent to have crime completed. Act is asking, and is complete upon the request; crime need not be completed
Conspiracy
- Agreement between two or more persons
- Intent to enter into agreement
- Specific intent for underlying crime
Conspiracy and Act
At common law, no act requirement. Crime complete when agreement entered into. Under MPC, requires act in furtherance of conspiracy. Can be mere prep
Unilateral and bilateral conspiracy
Unilateral require only one person have criminal intent, and is followed by MPC. Bilateral requires at least two guilty minds, and is the common law rule
Defense of withdrawal and conspiracy
Not a defense as complete upon moment of agreement. Will be defense against crimes committed after.
Merger
Attempt and solicitation merge with the completed offense. Conspiracy does not
Types of conspiracies
Wheel and spoke and Chain.
Does a conspirator need to know the identity of all co-conspirators?
No, need only participate
Pinkerton rule of conspiracy
Co-conspirators are liable when conspiracy is proven to exist, the substantive offense was committed in furtherance of conspiracy, and it was foreseeable as outgrowth of conspiracy.
Wharton’s rule
Conspiracy cannot be charged if offense requires a minimum number of participants to be complete
Accomplice Liability
Culpable for offense even if defendant was not the one who committed the offense
Common law breakdown of Accomplice liability
Principle in first degree: committed offense
Principle in second: was present and aided in commission of offense
Assessory first degree: helped prior to offense
Assessory second: helped after commission
MPC and Accomplice liability
All are considered principles and will share punishment of underlying offense, with the exception of accessory after, which is a separate offense
When is accomplice liability imposed
When before or during commission of offense, and with the intent to promote the commission of the offense, one aids or attempts to adis in planing, committing, or attempting the offense
Encouragement is enough to impose accomplice liability: T or F
True. Must associate with person committing offense before during, or after, and continuance or approve criminal conduct with words, gestures, looks, or signs.
Accomplice liability and mens rea
Specific intent to complete underlying offense
Withdrawal and accomplice liability
Defense where occurs before crime is unstoppable, repudiated action or encouragement or other actions as is necessary to prevent commission of crime
