Inchoate Offenses

Question 1

Inchoate means . . .

Answer 1

Incomplete

Question 2

Three inchoate offenses?

Answer 2

Solicitation

Attempt

Conspiracy

Question 3

Solicitation is what?

Answer 3

Asking someone to commit a crime.

Question 4

Under the CL, must the person being asked to commit the crime actually perform in order for their to be solicitation?

Answer 4

No

Question 5

Under solicitation, if the person you ask to commit the crime agrees, then it becomes a ______.

Answer 5

Conspiracy

Question 6

Under solicitation, if the person you ask to commit the crime agrees, then it becomes a conspiracy. Is there a merger?

Answer 6

Yes, only crime left is conspiracy

Question 7

Factual impossibility is/isn’t a defense to solicitation.

Answer 7

Isn’t

Question 8

Define conspiracy

Answer 8

An agreement, with an intent to agree, and an intent to pursue an unlawful objective.

Question 9

Conspiracy does/doesn’t merge with the substantive offense

Answer 9

Doesn’t

Question 10

Liability of co-conspirators? All the crimes committed by the co-conspirators IF what two things are true

Answer 10

In furtherance of the conspiracy AND

Foreseeable

Question 11

For there to be a conspiracy, do we need express agreement?

Answer 11

No. Can be inferred from conduct.

Question 12

CL rule for conspiracy?

Answer 12

Need two guilty parties.

Question 13

Under the CL rule for conspiracy, what effect if one of two conspirators is acquitted?

Answer 13

The other cannot be convicted of conspiracy

Question 14

Explain the modern rule (MPC) for conspiracy

Answer 14

Only one conspirator needed. They simply must have a genuine criminal intent.

Question 15

The majority rule for conspiracy is that there must be an agreement AND some ___ ____ in furtherance of the conspiracy.

Answer 15

Overt act.

Question 16

The minority rule and the CL grounded liability for conspiracy with what?

Answer 16

The agreement itself.

Question 17

Factual impossibility is/isn’t a defense to conspiracy

Answer 17

Isn’t

Question 18

When can W/D relieve someone of liability for conspiracy?

Answer 18

Never

Question 19

Attempt requires which two elements?

Answer 19

Specific intent to commit the crime PLUS an overt act in furtherance of the crime

Question 20

An overt act in the attempt context must be a . . .

Answer 20

Substantial step

Question 21

What is not enough to constitute an overt act?

Answer 21

Mere preparation

Question 22

The majority rule is that once a D has taken a substantial step toward committing a crime, he can/can’t claim abandonment as a defense.

Answer 22

Can’t

Question 23

Under the MPC, when can abandonment be a defense to attempt? (2)

Answer 23

When it is fully voluntary AND constitutes a complete renunciation of the criminal purpose.

Question 24

Legal impossibility is/isn’t a defense to attempt.

Answer 24

Is

Question 25

Factual impossibility is/isn’t a defense to attempt.

Answer 25

Isn’t