Inchoate Offenses Flashcards
What is the crime of solicitation?
Inciting, urging, or otherwise asking another to commit a crime with the intent that they commit the crime.
For the crime of solicitation, does there need to be an agreement?
No affirmative response from the solicited party is required.
If the solicitee agrees, what does solicitation give rise to?
Conspiracy and the solicitation merges with conspiracy.
When is the crime of solicitation complete?
When the D asks solicitee to commit the felony.
If the solicitee is not convicted will the solicitor still be guilty?
Yes. Doesn’t matter if solicitee wasn’t convicted. Doesn’t even matter if the solicited crime was impossible to commit (like the solicitee was an undercover)
What is a possible defense to solicitation?
If in an MPC Jx, allows renunciation as a defense but common law does not.
Is refusal by the solicitee a defense?
No.
Is impossibility a defense to solicitation?
No.
Is withdrawal a defense to solicitation?
No.
What is a conspiracy?
An agreement between two or more persons to commit a crime.
What are the four elements of conspiracy?
- An agreement btw 2 or more people
- Intent to enter the agreement
- intent to commit the target crime or pursue the unlawful objective
- an overt act in furtherance of the target crime
How is an agreement for a conspiracy formed?
Express agreement is not required; not necessary that parties know of each other’s existence
What constitutes an “overt act”?
Any slight act will suffice under most modern statutes.
Not required element at common law
When is a conspiracy terminated?
Conspiracy ends upon completion of target crime.
Is impossibility a defense to conspiracy?
No.
Is withdrawal a defense to conspiracy?
No but it may be a defense to liability for co-cons’ subsequent crimes.
Each conspirator is liable for co-conspirator’s crimes that are:
- Foreseeable, and
2. committed in furtherance of the conspiracy
Can a person be convicted of conspiracy even if his co-cons have not been found or charged?
Yes.
Can a party be convicted of conspiracy if all his co-cons are acquitted?
No. But ALL co-cons have to be acquitted.
What are the two requirements for effective withdrawal of a conspiracy?
- affirmative act of withdrawal that notifies co-cons he’s withdrawing
- timely - must be enough time for co-cons to abandon plans for the target offense
*neutralize the effect of any assistance he provided to the original conspiracy
What is attempt?
An act, done with the intent to commit a crime, that constitutes an overt or substantial step towards committing the crime but falls short of completing the crime.
(an incomplete act that would be a crime if completed)
What are the two elements of attempt?
- overt act (beyond mere preparation)(substantial step)
2. Intent - D must intend to commit a particular crime
What is a defense to attempt?
Legal impossibility.
Is factual impossibility a defense to attempt?
NO.
