Inchoate Offenses

Question 1

What are the three inchoate offenses?

Answer 1

1. Conspiracy
2. Solicitation
3. Attempt

Question 2

Elements of Conspiracy

Answer 2

1. An agreement between two or more persons;
2. An intent to enter into the agreement; and
3. An intent by at least two persons to achieve the objective of the agreement

A majority of states require an overt act, but an act of mere preparation will suffice

Question 3

Agreement Requirement for Conspiracy

Answer 3

Need not be express—may be inferred from joint activity

Although the common law requires two guilty minds, the modern rule is that only one party must have genuine criminal intent

Question 4

Mental State for Conspiracy

Answer 4

Specific Intent! Parties must have (1) the intent to agree and (2) the intent to achieve the objective of the conspiracy

Question 5

Overt Act for Conspiracy

Answer 5

Any act toward furtherance, mere preparation is sufficient!

Question 6

Termination of Conspiracy?

Answer 6

Terminates upon the completion of the wrongful objective

Question 7

Liability for Co-Conspirators’ Crimes

Answer 7

A conspirator may be held liable for crimes committed by other conspirators if the crimes (1) were committed in furtherance of the objectives of the conspiracy and (2) were foreseeable

Withdrawal may be a defense to ONLY crimes committed in furtherance

Question 8

Elements of Solicitation

Answer 8

Solicitation consists of asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime.

It is NOT necessary that the person solicited agree to commit the crime

Question 9

Merger under Solicitation

Answer 9

Under the doctrine of merger, the solicitor cannot be punished for both the solicitation and these other offenses

Question 10

Elements of Attempt

Answer 10

Attempt is an act, done with intent to comit a crime, that falls short of completing the crime

Question 11

Attempt: Intent

Answer 11

Always requires a specific intent (that is, the intent to commit the crime!)

Question 12

Overt Act of Attempt

Answer 12

The defendant must commit an act beyond mere preparation.

Traditionally, most courts followed the “proximity” test, which requires the act to be dangerously close to successful completion of the crime, but now it is SUBSTANTIAL STEP!

Question 13

Defenses to Attempt

Answer 13

1. Abdanonment: yes according to MPC
2. Legal Impossibility: yes
3. Factual Impossibiity: no

Question 14

Prosecution for Attempt

Answer 14

A defendant charged only with a completed crime may be found guilty of the ompleted crime or an attempt, but a defendant charged with only attempt may not be convicted of the completed crime