Inchoate Offenses Flashcards
What does inchoate mean?
incomplete
What are the inchoate offenses?
conspiracy; solicitation; and attempt
Conspiracy
an agreement with an intent to agree, and an intent to pursue an unlawful objective.
Does conspiracy merge with the substantive offense?
No, you can be convicted of conspiring to do something AND actually having done it.
Must an agreement in conspiracy be express?
no, it can be implied from conduct.
How many guilty people are necessary for a conviction of conspiracy under the traditional rule?
two people
Under the traditional rule, where all accomplices are acquitted of the conspiracy charge, what is the result?
the principal is acquitted automatically, because under the traditional rule, you cannot be convicted of conspiracy without accomplices.
Under the modern/MPC rule of conspiracy, how many guilty persons are necessary for a conviction of conspiracy?
just one, the principal.
Under the majority rule regarding the overt act requirement for conspiracy, there must be what?
both an agreement and an overt act.
Under the minority rule regarding the overt act requirement for conspiracy, there must be what?
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.
Is impossibility a defense to conspiracy?
No, because conspiracy does not regard the actual act, but rather the plan to do the act.
Is withdrawal a defense to conspiracy?
No, because conspiracy is complete when the agreement is made.
Solicitation
asking someone to commit a crime.
When is the crime of solicitation complete?
when you ask someone to commit a crime.
To be guilty of solicitation, does the person need to agree to commit the crime?
no
What happens if you solicit someone to commit a crime, and they agree? What is the result?
the solicitation becomes a conspiracy, and the solicitation merges into the conspiracy.
Is impossibility a defense to solicitation?
no, because like conspiracy, solicitation does not involve the actual criminal act requested, but the act of requesting the commission of the act.
Attempt
the specific intent to perform an act and an overt act in furtherance of the crime.
For the purposes of attempt, the overt act must be a ________________ in furtherance of the commission of the crime.
substantial step
Is mere preparation an overt act for the purposes of attempt?
no
Under the majority rule, is abandonment a defense to attempt?
never
Under the minority rule, is abandonment a defense to attempt?
Yes, but only if it is 1) fully voluntary; and 2) the person makes a complete renunciation of the criminal purpose.
Is impossibility a defenses to attempt?
yes and no. Legal impossibility is a defense to attempt, but factual impossibility is not a defense to attempt.
