Inchoate Offenses Flashcards

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1
Q

What does inchoate mean?

A

incomplete

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2
Q

What are the inchoate offenses?

A

conspiracy; solicitation; and attempt

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3
Q

Conspiracy

A

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

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4
Q

Does conspiracy merge with the substantive offense?

A

No, you can be convicted of conspiring to do something AND actually having done it.

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5
Q

Must an agreement in conspiracy be express?

A

no, it can be implied from conduct.

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6
Q

How many guilty people are necessary for a conviction of conspiracy under the traditional rule?

A

two people

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7
Q

Under the traditional rule, where all accomplices are acquitted of the conspiracy charge, what is the result?

A

the principal is acquitted automatically, because under the traditional rule, you cannot be convicted of conspiracy without accomplices.

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8
Q

Under the modern/MPC rule of conspiracy, how many guilty persons are necessary for a conviction of conspiracy?

A

just one, the principal.

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9
Q

Under the majority rule regarding the overt act requirement for conspiracy, there must be what?

A

both an agreement and an overt act.

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10
Q

Under the minority rule regarding the overt act requirement for conspiracy, there must be what?

A

only an agreement to commit an act. The actual act need not be carried out in order to be guilty of conspiracy to commit the act.

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11
Q

Is impossibility a defense to conspiracy?

A

No, because conspiracy does not regard the actual act, but rather the plan to do the act.

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12
Q

Is withdrawal a defense to conspiracy?

A

No, because conspiracy is complete when the agreement is made.

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13
Q

Solicitation

A

asking someone to commit a crime.

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14
Q

When is the crime of solicitation complete?

A

when you ask someone to commit a crime.

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15
Q

To be guilty of solicitation, does the person need to agree to commit the crime?

A

no

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16
Q

What happens if you solicit someone to commit a crime, and they agree? What is the result?

A

the solicitation becomes a conspiracy, and the solicitation merges into the conspiracy.

17
Q

Is impossibility a defense to solicitation?

A

no, because like conspiracy, solicitation does not involve the actual criminal act requested, but the act of requesting the commission of the act.

18
Q

Attempt

A

the specific intent to perform an act and an overt act in furtherance of the crime.

19
Q

For the purposes of attempt, the overt act must be a ________________ in furtherance of the commission of the crime.

A

substantial step

20
Q

Is mere preparation an overt act for the purposes of attempt?

A

no

21
Q

Under the majority rule, is abandonment a defense to attempt?

A

never

22
Q

Under the minority rule, is abandonment a defense to attempt?

A

Yes, but only if it is 1) fully voluntary; and 2) the person makes a complete renunciation of the criminal purpose.

23
Q

Is impossibility a defenses to attempt?

A

yes and no. Legal impossibility is a defense to attempt, but factual impossibility is not a defense to attempt.