Inchoate Offenses

Question 1

Types of Inchoate Crimes

Answer 1

1. Solicitation
2. Conspiracy
3. Attempt

Question 2

Elements & Defenses of Solicitaton

Answer 2

Elements: Inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime; not necesary for them to say yes

Not Defenses

1. that the person solicited in not convicted or that the offense solicited could not have been successful
2. Withdrew from solicitation

Defenses

1. Under MPC, if D renounces and prevents the crime
2. Cnt be found guilty of completed crime because of the legislative intent to exempt her

Question 3

Solicitation Merger

Answer 3

If the solicited person commits the crime, both can be liable for the crime

If the person commits acts sufficient to be liable for attempt, both parties can be liable for attempt

If the solicited person agrees to commit the crime, but doesnt commit sufficient acts toward attempt, both parties can be liable for conspiracy

Solicitor cannot be punished for both solicitation ad these other offenses under the doctrine of merger

Question 4

Conspiracyelements

Answer 4

Requires (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.

Must b criminal or achievement of lawful object through criminal means.

CL - no overt act required
Most states - overt act requires, but an act of mere preparation wills suffice

Question 5

Agreement Requirement (Conspiracy)

Answer 5

Must agree to accomplish the same objective by mutual action; need not be express; may be inferred from joint activity

Question 6

Requirement of 2+ Parties (Conspiracy)

Answer 6

** HEAVILY TESTED

Modern Trend - Unilateral approach: MPC - only one party needs to have genuine criminal intent. A D ca be convicted of conspiracy if he conspires with one person only and that person is a policeman working undercover

Traditional Rule - Bilateral approach: CL - conspiracy requires at least 2 guilty minds (people committed to the illicit plan. If one person in a two person agremeent is only feigning areement, the other party cannot be convicted of conspiracy.

NOTE: No conspiracy bt H & W at CL, but most states abandoned this; Corps & silngle agent acting on their behalf cant have conspiracy

Question 7

Wharton Rule (Conspiracy)

Answer 7

Where 2 or more people are necessary for the commission of the substantive offense (ex: adultery, dueling), there is no crime of conspiracy UNLESS more parties participate in the agreement than are necessary for the crime

DOESNT APPLY to agremeents with necessary parties not provided for by the substantive offense; both parties may be guilty of conspiracy even though both are necessry for commission of the substantive offense

Question 8

Agreement with Protected Class (Conspiracy)

Answer 8

Protected class cant be guilty of conspiracy and neither can other person if no on else is involved

Question 9

Effect of Acquittal of Some Conspirators (Conspiracy)

Answer 9

Traditional view: acquittal of all persons with who D is alleged to have conspired precludes conviction of remaining D.

Some Jxs: A conviction for conspiracy against one D is allowed to stand when alleged co-conspirator is acquitted in a separate trial.

Note: If D is charged and tried and all the other have been acquitted, the D cannot be concvted

Question 10

Number of Conspiracies in Multiple Party Situations

Answer 10

Two most common situations are:

1. Chain Relationship: A single, large conspiracy in which all parties to subagreements are interested in the single large scheme; all members are liable for the acts of the others in furtherance of the conspiracy.
2. Hub & Spoke Relationship: a number of independent conspiracies are linked by a common member. Although the common member will be liable for all of the conspiracies, members of the individual conspiracies are not liable for the acts of the other conspirators.

Question 11

Mental state (Conspiracy)

Answer 11

Specific intent; Parties must have:

1. The intent to agree and
2. the intent to achieve the objective of the conspiracy

Note: In states with bilateral approach, there must be two parties with the specific intent to pursue an unlawful objective.

Question 12

Termination of Conspiracy

Answer 12

Usually terminates upon completion of the wrongful objective; unless agreed to in advance, acts of concealment are not part of the conspiracy.

Note: Govt’s defeat of the conspiracy doesnt automatically terminate the conspiracy

Question 13

Liability for Co-Conspirators’ Crimes

Answer 13

Only held liabe if the crimes:

1. were committed in furtherance of the objectives of the conspiracy and
2. were foreseeable

Question 14

Defenses to Conspiracy

Answer 14

Withdrawal: Generally not a defense to the conspiracy because the conspiracy was complete as soon s the agreement is made and an act in furtherance is performed.

Withdrawal may b a defense to crimes committed in furtherance of the conspiracy, including the substantive target crime of the conspiracy

When withdrawal is effective –> a conspirator must perform an affirmative act that notifies all members of the conspiracy of her withdrawal; notice must be given in time for the members to abandon their plans. If assistance was provided, she must try to neutralize her assistance.

Question 15

Punishment for Conspiracy

Answer 15

NO MERGER; Conspiracy and the completed crime are distinct offenses, there is no merger A D may be convicted of and punished for both

Question 16

Attempt Elements

Answer 16

Act, done with intent to commit a crime, that short of completing the crime

1. Attempt: To be guilt, D must intend to perform an act and obtain that result that, if achieved, would constitute a crime; ALWAYS requires a specific intent (ex: intent to kill for attempt commit murder conviction)
2. Overt Act: Must commit an act beyond mere preparation for the offense. Judged by:

Proximity Step (most cts): act must be dangerously close to successful completion of the rime

Substantial step test (MPC & most state crim codes): the act or omission must constitute a substantial step in a course of conduct planned to culminate in the commission of the crime that strongly corroborates the actor’s criminal purpose.

Question 17

Attempt Defenses

Answer 17

1. Legal Impossibility: YES, Even if D committed all of the acts that he intended and it wouldn’t have resulted in a crime, he cant be guilty of an attempt to do the same if he fails to complete all the intended acts
2. Factual Impossibility: NO, Substantive crime is incapable of completion due to some physical or factual condition, unknown to the D.
3. Abandonment: NO (at CL); D is guilty of intent if the D had intent and committed an overt act even if they changed their mind and abandoned the plan before the intended crime was completed. YES for MPC; requires fully voluntary and complete abandonment

Question 18

Prosecution for Attempt

Answer 18

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