Inchoate Offenses (Module 4) Flashcards
Types of Inchoate Offenses
S - solicitation
A - attempt
C - conspiracy
Elements of Conspiracy
1) Agreement between two or more persons
2) Specific Intent to enter into the agreement
3) Specific intent to achieve the objective of the agreement
4) Overt Act in furtherance of the agreement (modern approach)
Conspiracy - Agreement (Wharton Rule, Necessary Parties, and Protected Classes)
Wharton Rule - where two people are required for the commission of the crime (e.g., adultery) need at least one other person for it to be a conspiracy
Necessary Parties - even when statute only imposes criminal liability on the seller of drugs, both the buyer and seller can be guilty of conspiracy
Protected Classes - persons in teh protected class can’t be guilty of conspiracy or the underlying crime
Conspiracy - Unilateral v. Bilateral Approach
Unilateral (Modern Trend & MPC) - only one party needs to have genuine criminal intent
Bilateral (Traditional) - both parties need criminal intent for it to be a conspiracy
Conspiracy - Overt Act
Common Law/Minority - conspiracy complete when requisite intent (to enter into and to achieve the objective) established
Majority - require overt act in furhterance of the conspiracy, can be mere preparation
Termination of Conspiracy
Terminates upon completion of the wrongful objective; unless agreed to in advance, acts of concealment do not count
NOTE: government defeating the objective of the conspiracy (i.e., undercover op) does not terminate it
Liability for Co-Conspirator Crimes
Conspirator can be liable for crimes committed by co-conspirators if they:
1) were committed in furtherance of the objective of the conspiracy
2) were foreseeable
Withdrawal from Conspiracy
Can NOT withdraw from liability for the conspiracy itself once the overt act happens. . . . BUT: can withdraw from liability for co-conspirators subsequent crimes
For Withdrawal to be Effective:
1) affirmative act notifying all conspirators of withdrawal done in time for the rest of them to abandon the plans
2) if provided assistance, must neturalize the assistance given
Elements of Solicitation
1) Asking, inciting, counseling, advising, urging, or commanding another to commit a crime
2) With the specific intent that the person solicited commit the crime; is not necessary that they actually do so
Defenses to Solicitation
Repudiation
- CL: not a defense
- MPC: is a defense if also stop the person from committing the crime you solicited them for
Protected Class
- if solicitor is a member of protected class (e.g., underage person soliciting sex) then they cannot be guilty for the completed crime
Merger of Solicitation
Solicitation merges into the predicate offense
If solicited person commits the crime, then both them and solicitor liable for the crime
If solicited person attempts to complete the crime, then both are liable for attempt
If soliciited person agrees to do the crime but doesn’t do it, can turn into conspiracy for both (if there’s overt act)
Elements of Attempt
Specific intent to commit a crime that falls short of completing the crime
1) specific intent to commit a crime
2) overt act in furtherance of the crime
Attempt - Overt Act
More than just mere preparation
“Proximity Test” (comm law/minority): act was dangerously close to completion of the crime
“Substantial Step” (majority/MPC): over act was a substantial step in the commission of the crime
Defenses to Attempt
Abandonment
- comm law: not a defense
- MPC: fully voluntary and complete abandonment is a defense
Legal Impossibility
- is a defense but extremely rare (bc what they were attempting to do wasn’t illegal)
Factual Impossibility
- is NOT a defense
Merger of Attempt
Merges into the substantive offense
