Inchoate Offenses Flashcards
What are the elements of solicitation?
(1) Asking, inciting, counseling, advising, urging, or commanding another to commit a crime
(2)With the intent that the person solicited commit the crime.
What are the elements of attempt?
(1) An overt act in furtherance of the crime, beyond mere preparation
(2) The specific intent to complete the crime.
What are the elements of conspiracy?
(1) An agreement between two people
(2) An intent to enter the agreement
(2) An intent to achieve the objective of the agreement
Majority of jdx. also require an overt act, but mere preparation will suffice (CL, conspiracy was complete when agreement was formed)
When may a co-conspirators be liable for each others crimes?
When the crimes were in furtherance of the conspiracy, and were foreseeable
When does a conspiracy terminate?
Upon completion of the unlawful objective.
How does a co-conspirator withdraw from a conspiracy, and what is the effect?
By an affirmative act, which notifies all co-conspirators of withdrawal with sufficient time for them to abandon their plans.
Withdrawal is a defense to crimes committed in furtherance of the conspiracy, but not conspiracy itself.
When may abandonment provide a defense for an attempt charge?
When abandonment is fully voluntary and complete.
What is the difference between the MPC and the CL approach to the mens rea for conspiracy?
MPC follows “unilateral approach”, only one party needs intent to achieve unlawful objective of the agreement.
CL follows “bilateral approach”, both parties must have intent to achieve unlawful objective of the agreement and there’s no liability for conspiracy if one party is acquitted.
