Inchoate Offenses

Question 1

What does inchoate mean?

Answer 1

incomplete

Question 2

What are the inchoate offenses?

Answer 2

conspiracy; solicitation; and attempt

Question 3

Conspiracy

Answer 3

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

Question 4

Does conspiracy merge with the substantive offense?

Answer 4

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

Question 5

Must an agreement in conspiracy be express?

Answer 5

no, it can be implied from conduct.

Question 6

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

Answer 6

two people

Question 7

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

Answer 7

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

Question 8

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

Answer 8

just one, the principal.

Question 9

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

Answer 9

both an agreement and an overt act.

Question 10

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

Answer 10

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.

Question 11

Is impossibility a defense to conspiracy?

Answer 11

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

Question 12

Is withdrawal a defense to conspiracy?

Answer 12

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

Question 13

Solicitation

Answer 13

asking someone to commit a crime.

Question 14

When is the crime of solicitation complete?

Answer 14

when you ask someone to commit a crime.

Question 15

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

Answer 15

no

Question 16

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

Answer 16

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

Question 17

Is impossibility a defense to solicitation?

Answer 17

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

Question 18

Attempt

Answer 18

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

Question 19

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

Answer 19

substantial step

Question 20

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

Answer 20

no

Question 21

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

Answer 21

never

Question 22

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

Answer 22

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

Question 23

Is impossibility a defenses to attempt?

Answer 23

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