Inchoate Offenses Flashcards
Inchoate means . . .
Incomplete
Three inchoate offenses?
Solicitation
Attempt
Conspiracy
Solicitation is what?
Asking someone to commit a crime.
Under the CL, must the person being asked to commit the crime actually perform in order for their to be solicitation?
No
Under solicitation, if the person you ask to commit the crime agrees, then it becomes a ______.
Conspiracy
Under solicitation, if the person you ask to commit the crime agrees, then it becomes a conspiracy. Is there a merger?
Yes, only crime left is conspiracy
Factual impossibility is/isn’t a defense to solicitation.
Isn’t
Define conspiracy
An agreement, with an intent to agree, and an intent to pursue an unlawful objective.
Conspiracy does/doesn’t merge with the substantive offense
Doesn’t
Liability of co-conspirators? All the crimes committed by the co-conspirators IF what two things are true
In furtherance of the conspiracy AND
Foreseeable
For there to be a conspiracy, do we need express agreement?
No. Can be inferred from conduct.
CL rule for conspiracy?
Need two guilty parties.
Under the CL rule for conspiracy, what effect if one of two conspirators is acquitted?
The other cannot be convicted of conspiracy
Explain the modern rule (MPC) for conspiracy
Only one conspirator needed. They simply must have a genuine criminal intent.
The majority rule for conspiracy is that there must be an agreement AND some ___ ____ in furtherance of the conspiracy.
Overt act.
The minority rule and the CL grounded liability for conspiracy with what?
The agreement itself.
Factual impossibility is/isn’t a defense to conspiracy
Isn’t
When can W/D relieve someone of liability for conspiracy?
Never
Attempt requires which two elements?
Specific intent to commit the crime PLUS an overt act in furtherance of the crime
An overt act in the attempt context must be a . . .
Substantial step
What is not enough to constitute an overt act?
Mere preparation
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.
Can’t
Under the MPC, when can abandonment be a defense to attempt? (2)
When it is fully voluntary AND constitutes a complete renunciation of the criminal purpose.
Legal impossibility is/isn’t a defense to attempt.
Is
