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
