Incohate Crimes

Question 1

Solicitation

Answer 1

ASKING someone to commit a crime with the INTENT that the crime be committed

SPECIFIC INTENT

not necessary for the crime to be completed–asking is the crime

Question 2

Conspiracy (defined)

Answer 2

an AGREEMENT between 2 or more people to commit a crime, plus an OVERT ACT in furtherance of the crime

SPECIFIC INTENT as to agreement and accomplishing the objectives

Agreement need not be express–can be proved by conduct–concer of action towards a common goal

Over act–any act even if merely prepatory, preformed by any of hte co-conspirators (Georgia requires overt act)

Uncessary for the act to be completed–agreement is the crime

Question 3

Can there be a one-person conspiracy?

Answer 3

• CL: NO–bilateral approach must be at least 2 guilty minds who agree to the objectives
  
  • Related: if all other conspirants are acquitted, remaining one cannot be convicted
• MPC: YES–unilateral approach. May be guilty even if other conspirants were acquitted or pretended to agree

Question 4

Vicarious/Pinkerton liability

Answer 4

defendant will be liable for other crimes committes by his co-cospnirators as long as those crimes:

1) were committed in FURTHERANCE of the conspiracy’s objective; AND
2) were FORESEEABLE

Question 5

Impossibility as a defense to conspiracy

Answer 5

Never a defense to a charge of conspiracy

Question 6

Attempt

Answer 6

Requires an overt act that goes beyond mere preparation

• CL Proximity Test: d must engage in conduct that gets DANGEROUSLY CLOSE To the commmission of the crime.
• GA/MPC/MAJ Substantial Step: must engage in conduct that is a SUBSTANTIAL STEP towards the crime’s commission provided that that conduct STRONGLY CORROBORATES the actor’s criminal purpose

Mental State: Requires SPECIFC INTENT

Cannot attempt unintentionalcrimes. Rules out recklessness, negligence or felony murder.

Question 7

Withdrawl/Renunciation/Abandonment (Incohate)

Answer 7

Withdrawl is not a defense

EXCEPT when a defendant withdaraws from a conspiracy he will not longer be vicarously liabile for crimes commited by his co conpsirators after he left the conspiracy

HOWEVER guilty of conspiracy and all foreseeable crimes committed by his co-con piror to his withdrawal

Question 8

Withdrawl/Renunciation/Abandonment in Georgia

Answer 8

abandonment is a defenses to attempt proivdes the cahnge of heart was COMPLETE AND VOLUNTARY

Can be absolved of liability for crime of conspiracy if he withrdaws before the occurrence of hte overt act

Question 9

Merger for Incohate Offenses

Answer 9

• Solicitation and attempt merge with teh completed crime
• COnspiracy DOES NOT MERGE in majority BUT DOES MERGER IN GEORGIA WITH COMPLETED CRIME