Inchoate Offenses

Question 1

What is the crime of solicitation?

Answer 1

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

Question 2

For the crime of solicitation, does there need to be an agreement?

Answer 2

No affirmative response from the solicited party is required.

Question 3

If the solicitee agrees, what does solicitation give rise to?

Answer 3

Conspiracy and the solicitation merges with conspiracy.

Question 4

When is the crime of solicitation complete?

Answer 4

When the D asks solicitee to commit the felony.

Question 5

If the solicitee is not convicted will the solicitor still be guilty?

Answer 5

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)

Question 6

What is a possible defense to solicitation?

Answer 6

If in an MPC Jx, allows renunciation as a defense but common law does not.

Question 7

Is refusal by the solicitee a defense?

Answer 7

No.

Question 8

Is impossibility a defense to solicitation?

Answer 8

No.

Question 9

Is withdrawal a defense to solicitation?

Answer 9

No.

Question 10

What is a conspiracy?

Answer 10

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

Question 11

What are the four elements of conspiracy?

Answer 11

1. An agreement btw 2 or more people
2. Intent to enter the agreement
3. intent to commit the target crime or pursue the unlawful objective
4. an overt act in furtherance of the target crime

Question 12

How is an agreement for a conspiracy formed?

Answer 12

Express agreement is not required; not necessary that parties know of each other’s existence

Question 13

What constitutes an “overt act”?

Answer 13

Any slight act will suffice under most modern statutes.

Not required element at common law

Question 14

When is a conspiracy terminated?

Answer 14

Conspiracy ends upon completion of target crime.

Question 15

Is impossibility a defense to conspiracy?

Answer 15

No.

Question 16

Is withdrawal a defense to conspiracy?

Answer 16

No but it may be a defense to liability for co-cons’ subsequent crimes.

Question 17

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

Answer 17

1. Foreseeable, and

2. committed in furtherance of the conspiracy

Question 18

Can a person be convicted of conspiracy even if his co-cons have not been found or charged?

Answer 18

Yes.

Question 19

Can a party be convicted of conspiracy if all his co-cons are acquitted?

Answer 19

No. But ALL co-cons have to be acquitted.

Question 20

What are the two requirements for effective withdrawal of a conspiracy?

Answer 20

1. affirmative act of withdrawal that notifies co-cons he’s withdrawing
2. 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

Question 21

What is attempt?

Answer 21

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)

Question 22

What are the two elements of attempt?

Answer 22

1. overt act (beyond mere preparation)(substantial step)

2. Intent - D must intend to commit a particular crime

Question 23

What is a defense to attempt?

Answer 23

Legal impossibility.

Question 24

Is factual impossibility a defense to attempt?

Answer 24

NO.

Question 25

If abandonment of attempt a defense?

Answer 25

No. Under majority rule, liability for the attempt arises once D commits an overt act concurrently with the intent to commit a crime. D is liable for attempt before he can abandon the crime.