Inchoate offenses

Question 1

What does inchoate mean?

Answer 1

incomplete

Question 2

What intent is needed for solicitation?

Answer 2

Specific intent: intent that person solicited commit the crime

Question 3

What is the act of solicitation?

Answer 3

Asking someone to commit crime

Question 4

When does crime of solicitation end?

Answer 4

When you ask the person to commit crime

Question 5

Under common law, is it necessary that person solicited agree?

Answer 5

No

Question 6

What if the person you ask to commit the crime agrees to do it? (but doesn’t even attempt)

Answer 6

It becomes conspiracy and the solicitation merges and the only crime left when the other person agrees to do it is conspiracy

Question 7

If you solicit person to commit crime and they agree (becoming conspiracy), and the person attempts or actually commits the crime, what are you liable for?

Answer 7

the attempt and crime

Question 8

Is factual impossibility a defense to solicitation?

Answer 8

No

Question 9

What is conspiracy?

Answer 9

An agreement, with an intent to agree, and an intent to pursue an unlawful objective / complete crime

plus overt act in furtherance of conspiracy

Question 10

Does conspiracy merge into substantive offense?

Answer 10

No

you CAN be convicted of conspiring to do something and doing it

Ex. robbery + conspiracy to commit robbery

Question 11

Is one liable for their co-conspirator’s crimes?

Answer 11

Yes, each conspirator is liable for ALL the crimes of co-conspirators if those crimes were committed in furtherance of conspiracy and foreseeable

Question 12

What agreement is required for conspiracies?

Answer 12

Agreement need not be expressed; intent can be inferred from conduct

Question 13

Conspiracies: Under traditional (common law) rule (bilateral approach), if one person (in a two-party conspiracy) is merely feigning agreement, can the other person be guilty of conspiracy?

Answer 13

No

Furthermore, the ACQUITTAL of ALL persons with whom a D is alleged to have conspired precludes conviction of the remaining D under this approach

Question 14

Conspiracies: Modern trend (and MPC approach) (unilateral approach), what if only one person has a genuine criminal intent in a conspiracy?

Answer 14

There is still a conspiracy

If one person is under cover cop, other person still liable

Question 15

What kind of act is required for conspiracy? (majority approach)

Answer 15

Overt act: to ground liability, must be agreement plus some overt act in furtherance of the conspiracy

Overt act in furtherance of conspiracy can be any little act, even mere preparation (ex. buying something, showing up)

Question 16

What kind of act is required for conspiracy? (minority approach & common law rule)

Answer 16

just an agreement

liability is grounded for conspiracy with just an agreement

Question 17

Is factual impossibility a defense to conspiracy?

Answer 17

No

Question 18

Can withdrawal relieve D from liability for conspiracy itself?

Answer 18

No, because conspiracy is complete with agreement and overt act in furtherance of the conspiracy

Question 19

Can D withdraw from liability for the other conspirators’ subsequent crimes, including substantive target crime of conspiracy?

Answer 19

Yes, but he cannot withdraw from this conspiracy

Question 20

How does one adequately withdraw from conspiracy?

Answer 20

(1) notify all members
(2) give notice in time for others to abandon
(3) neutralize assistance

Question 21

What is an attempt?

Answer 21

Specific intent plus overt act in furtherance of the crime

Question 22

What specific intent is necessary for attempt?

Answer 22

Attempt to commit a crime

actual specific intent to cause the harm prohibited by statute; person who took substantial step towards commission of crime but was only reckless with respect to target offense could not be found guilty of attempt

Question 23

What overt act is necessary for attempt?

Answer 23

Must be a substantial step in furtherance of the commission of the crime

Mere preparation cannot ground liability for attempt (unlike conspiracy)

Question 24

If D has taken a substantial step toward committing the crime, can abandonment be a defense to attempt? (majority rule vs. MPC)

Answer 24

Majority: No

MPC: allows for this defense only if it is fully voluntary and a complete renunciation of criminal purpose

Question 25

Is legal impossibility a defense to attempt?

Answer 25

Yes, this means that what you’re attempting is not really illegal

Question 26

Is factual impossibility a defense to attempt?

Answer 26

No

Question 27

Does doctrine of transferred intent apply to attempt?

Answer 27

No

Question 28

ACQUITTAL of ALL persons of alleged conspiracy?

Answer 28

Defense