Inchoate Offenses Flashcards
What does inchoate mean?
incomplete
What are the 3 inchoate offenses?
(1) solicitation
(2) attempt
(3) conspiracy
What is solicitation?
asking someone to commit a crime
For the solicitor be guilty of solicitation, must the person solicited complete the crime?
no
What happens to a solicitation charge when a person agrees to commit the crime?
It merges into conspiracy
Is factual impossibility a defense to solicitation?
no
What are the elements of conspiracy?
(1) an agreement
(2) intent to agree
(3) intent to pursue an unlawful objective
[4] overt act (majority rule requirement)
If 2 people conspire to commit robbery and then do commit robbery, what can they be charged with?
Both robbery and conspiracy to commit robbery.
What liability does a conspirator share with his co-conspirator?
He is liable for all of the co-conspirator’s crimes that were both:
• committed in furtherance of the conspiracy, and
• were foreseeable
Must a conspiracy be expressed?
no, intent can be inferred from conduct
Under the common law (bilateral) approach, what is the effect on a defendant in a two-party conspiracy, when his co-conspirator is merely feigning agreement?
he cannot be convicted of conspiracy
Under the common law (bilateral) approach, what is the effect on a defendant when all of his alleged co-conspirators are acquitted?
he cannot be convicted of conspiracy
Under the MPC (unilateral) approach, how many people must have genuine criminal intent to form a conspiracy?
one
What is the majority rule’s overt act requirement for conspiracy?
any little act in furtherance of the conspiracy, even mere preparation
Is factual impossibility a defense to conspiracy?
no
What effect does withdrawal from the conspiracy have on a defendant’s liability for the conspiracy and the crime itself?
No effect on liability for conspiracy, but can withdraw from subsequent crimes.
What are the elements of attempt?
(1) specific intent
(2) overt act in furtherance of the crime
What constitutes an overt act for purposes of criminal attempt?
A substantial act in furtherance of the crime, not mere preparation
Is abandonment ever a defense to attempt once defendant takes a substantial step toward committing a crime?
- majority: no
* MPC: only if it is fully voluntary and a complete renunciation of the criminal purpose
What is the effect of legal and factual impossibility on criminal attempt?
- legal impossibility = valid defense
* factual impossibility = not a defense
