inchoate offenses Flashcards
inchoate offenses
incomplete
types
conspiracy
solicitation
attempt
conspiracy
rule - conspiracy is an agreement with an intent to agree and an intent to pursue an unlawful obective
notes on conspriacy
conspircy does NOT merger with offense (can be convicted of both)
agreement requirement - need not be expressed - can be infered from conduct
conspriacy - bilateral vs. unilateral
bilateral - CLAW - requires 2 guilty parties. If one person is merely feigning agreement, the other person can’t be guilty of conspriacy. The acquittal of all persons with whom the D was charged with conspiracy precludes a conspiracy charge
unilateral approach - modern and MPC - requires only one person to have genuine criminal intent
conspiracy - overt act
there must be an agreement plus some OVER ACT in furtherance of the conspiracy. Minority allows for agreement itslef
majorrity view - any little act will be overt act even mere preparation
factual impossibility and conspiracy
this is no defense
withdrawal and conspiracy
Can never relive D from liability from conspiracy. Can withdraw from other conspirators’ subsequent crimes but not conspiracy
Solicitation
rule - asking someone to commit a crime. Ends when you ask them
CLAW - not necessary person agree to commit crime
solicitation, merger and conspiracy
If the person agrees to commit the crime, solicitation merges with conspiracy and you’re only guilty of conspiracy
solicitation and factual impossibility
no defense
attempt
Rule - specific intent plus an overt act in furtherance of crime
overt act - must be a SUBSTANTIAL STEP in furtherance of the commission of the crime; mere preparation cannot ground liability
attempt and abandonment
majority rule - once D has taken substantial step twoards committing crime, abndaonment is never defense
MPC - allows for this defense only if it is fully voluntary and a complete renunciation of criminal purpose
attempt and impossibility
legal impossibility is a defense (legal impossibility - what you thought was a crime isn’t a crime)
factual impossiblity is not a defense
