Inchoate Offenses

Question 1

Solicitation Definition

Answer 1

Inciting, urging, or otherwise asking another to commit a crime with the intent that they commit the crime.

Question 2

No affirmatve ___ from the solicited party is required

Answer 2

response

Question 3

Solicitation is complete when:

Answer 3

D asks solicitee to commit the felony

Question 4

If solicitee agrees, it give rise to ____ and the solicitation mergers with the conspiracy.

Answer 4

conspiracy

e.g. the only crime remaining is solicitation

Question 5

Does not matter if the solicited party is ____ or if the solicited crime was ____ to commit.

Answer 5

convicted; possible

Question 6

Defenses to Solicitation

Answer 6

Very few defenses apply.

• Refusal by the solicitee is not a defense
• Impossibility an withdrawl are not defenses
• MPC allows renunciation as a defense, but common law does not.
  
  • Most follow CL

Question 7

Conspiracy Definition

Answer 7

An agreement between two or more people to commit a crime.

Question 8

Conspiracy Elements

Answer 8

1. An agreement between two or more people
   
   1. Meeting of the minds
   2. Express agreement is not required
   3. Parties do not need to know of each other’s existence
2. Intnet to enter into the agreement
3. Intent to commit the target crime or pursue the unlawful objective
4. An overt act in furtherance of the target crime
   
   1. Any slight act will suffice under most modern statutes
   2. Not a required element at common law

Question 9

Conspiracy

Termination

Answer 9

Conspiracy ends upon completion of the target crime

Question 10

Conspiracy defenses

Answer 10

Impossibility is not a defense to conspiracy

• Withdrawl is not a defense to conspiracy but may be a defense to liability for con-onspirators’ subsequent crimes

Question 11

Co-Conspirator Liability & Withdrawl

Answer 11

Each conspirator is liable for co-conspirators’ crimes that are:

1. Foreseeable; and
2. Committed in furtherance of the conspiracy

Question 12

Acquital of co-conspirators

Answer 12

If all alleged co-conspirators are acquitted, no party can be convicted of conspiracy.

• But, a person can be convicted of conspiracy even if his co-conspirators have not been found or charged.

Question 13

Withdrawl

One cannot withdrawl from the conspriacy itself, but:

Answer 13

One can withdrawl from co-conspirators’ subsequent crimes, including the target offense of the conspiracy

Question 14

Withdrawl

Affirmative Act Required

Answer 14

Withdrawl is effective when the withdrawling party makes an affirmative act that notifies his co-conspirators he is withdrawling.

Question 15

Withdrawl

Must Be Timely

Answer 15

Withdrawl must give wnough time for c-conspirators to abandon plans for the target offense .

• The withdrawling party must attempt to neutralize the effect of any assistance he provided to the origional conspiracy.

Question 16

Attempt Definition

Answer 16

An act done witht he intent to commit a crime, that constiutes an overt or subsequent step toward committing the crime but falls short of completing the crime.

• I.e. an incomplete act that would be a crime if committed.

Question 17

Attempt

Overt Act

Answer 17

D must commit an act beyond mere preparation

• Substantial step – D must take a substantial step towards committing the target crime.

Question 18

Attempt

Intent

Answer 18

D must intend to commit a particular crime

Question 19

Attempt

Defenses

Answer 19

• Legal impossibility is a defense
• Factual impossibility is not a defense
• Abandonment is not a defense – under majority rule, liability for attempt arises once D commits an overt act concurrently with the intent to commit a crime.
  
  • I.e., D is liable for attempt before he can abandon the crime.