Inchoate Offenses**

Question 1

Inchoate meaning

Answer 1

Incomplete

Question 2

Conspiracy Elements

Answer 2

1) Agreement
2) Intent to enter into the agreement
3) intent to pursue to achieve the unlawful objective or lawful objective through criminal means

Unlike common law, most states require overt act, but an act of mere preperation will suffice

Question 3

Agreement requirement (conspiracy)

Answer 3

Parties must agree to accomplish the same objective by mutual action. May be inferred from joint activity.

Two party requirement differs by state:
1) unilateral
2) Common law

Question 4

Unilateral approach (conspiracy agreement requirement)

Answer 4

Only one party must have criminal intent. T/f cop and criminal can conspire.

Question 5

Traditional Approach (conspiracy agreement requirement)

Answer 5

At least two parties must have criminal intent

Question 6

Metnal state - specific intent (conspiracy)

Answer 6

1) intent to agree and
2) intent to achieve the objective of the conspiracyO

Question 7

Overt act (conspiracy)

Answer 7

Common law: not required

Modern rule (majority): required by most states. Mere preperation is sufficient.

Question 8

Termination of conspiracy

Answer 8

Usually terminates upon completion of the wrongful objective.

Question 9

Liability for co-conspirators crimes

Answer 9

May be held liability if the crimes
1) were committed in furtherance of hte objectives of the conspiracy and
2) Were forseeable

Question 10

Conspiracy Defense

Answer 10

Withdrawl

Question 11

Factual impossibility (conspiracy defense)

Answer 11

NOT a defense

Question 12

Withdrawl (conspiracy defense)

Answer 12

Generally NOT a defense b/c its complete as soon as agreement is made and an act in furtherance is performed.

BUT May be a defense to crimes committed in furthermance of the conspiracy.

Effective when conspirator perfroms affirmative act that notifies ALL cosonpirators of withdrawl in time for them to abandon plans

Question 13

Conspiracy Merger

Answer 13

No merger. Seperate crimes.

Question 14

Solicitation Elements

Answer 14

1) asking someone elese to commit a crime
2) with the intent that the person solicited commit the crime

Agreement by the solicited person isn’t necessary.

Question 15

Solicitation Merger

Answer 15

Merges with other inchoate and the crime itself.

(thus can become conspiracy if hte person agrees)

Question 16

Attempt Elements

Answer 16

1) SPECIFIC INTENT TO COMMIT THE TARGETED OFFENSE plus
2) an overt act in furtherance of the crime

NOTE: If main crime requires just negligence/recklessness, negligence/recklessness ISN”T ADEQUATE to establish the attempted crime.

Question 17

Intent (Attempt)

Answer 17

Always requires a specifc intent (to commit the crime)

Question 18

Overt act (attempt)

Answer 18

An act beyond mere preperation.

Traditional/Proximity test: Dangerously close to completion

Modern/Majority Test: Substantial step in course of conduct

Question 19

Attempt Defenses

Answer 19

1) Abandonment
2) Legal impossibility

Question 20

Abandonment (Attempt Defense)

Answer 20

Common law: not a defense
MPC: Must be a fully volunatry and complete abandonment

Question 21

Legal Impossibility (Attempt Defense)

Answer 21

Even if I did everything I planned to do, it still wouldn’t be illegal. I just thought it was a crime)

(rarely comes up)

Question 22

Factual Impossibility (Attempt Defense)

Answer 22

NOT a defense

Question 23

Prosecution for attempt

Answer 23

D charged only with completed crime: may be found guilty of complete crime or attempt

D charged only with attempt: may not be convicted of the completed crime

Question 24

Protected classes and conspiracies

Answer 24

Protected class (class a statute is meant to protect) cannot be party to conspiracy.