Other Crimes and Concepts

Question 1

Incoate Offenses

Answer 1

An act tending toward the commission of a crime that is considered serious enough in itself to justify punishment.

Question 2

Attempt

Answer 2

An overt act done with the intent to commit a crime that falls short of competing the crime.
An overt act done with the intent to commit a crime that falls short of completing the crime.

Question 3

How to prove attempt

Answer 3

1) Must prove that the actor was trying to accomplish the outcome of the crime. (specific intent crime)
2) The overt act cannot be mere preparation
3) Examples of substantial step: lying in wait, reconnoitering, soliciting and innocent person, etc.
2) Colorado: Under Lyerla no such thing as attempted depraved heart murder.

Question 4

Abandonment

Answer 4

Renunciation must be complete and voluntary. Renunciation is not voluntary if acted on by an outside force.

Question 5

Solicitation

Answer 5

A person is guilty of solicitation to commit a crime when he commands, encourages, or requests another person to engage in specific conduct which consititutes such crime or and attempt to commit such crime.

Question 6

People v. Lubow

Answer 6

Solicitation, jewel/credit scam:

Actus Rea is satisfied by the communication, no crime is required.

Question 7

People v. Decker

Answer 7

Solicitation, a man hires an undercover cop to kill his sister:

1) The facts of the case may give rise to two different crimes; Attempted Murder and Solicitation.
1) Mens is satisfied if specific intent to kill his sister existed.
2) Actus is satisfied by an overt act, NOT by mere preparation. The payment of the assassin’s fee was overt.

Question 8

People v. Davis

Answer 8

Defendant hires someone to hire an assassin for him.
The lack of a murder victim means the last act committed by the defendant was only the crime of solicitation, not the crime of murder. “The Last Act Test.”

Question 9

People v. Saephanh

Answer 9

Attempted Solicitation: a letter from an inmate soliciting a crime is intercepted by the prison, without being communicated to the inteded recipient.
1) Solicitation requires that actual communication must happen, not just attempted communication.

Question 10

Impossibility

Answer 10

Booth v. State: a thief steals a jacket from a car to sell to an attorney.

1) Legal Impossibility: Act, if completed, would not be criminal in nature. (cannot be convicted).
2) Factual Impossibility: Conditions do not allow the act to be completed. (conviction possible)

Question 11

Conspiracy

Answer 11

An agreement between two or more individuals to commit an illegal act at some point in the future and often requiring at least one overt act in furtherance of that agreement.

Question 12

State v. Verive

Answer 12

Attempt is not a lesser included offense of conspiracy.

Question 13

Callanan v. US

Answer 13

Conspiracy:

The crime of conspiracy intends to punish the AGREEMENT to conspire, not whether the act itself occurs.

Question 14

Commonwealth v. Donahue

Answer 14

Conspiracy: Just because something is unlawful or civilly actionable, does not make it eligible for conspiracy. It must also be “sufficiently immoral” giving the example of someone who preys on groups of people.

Question 15

Griffen v. State

Answer 15

Behaviors of the parties can be sufficient evidence of the existence of a conspiracy.

Question 16

US v. Recio

Answer 16

Termination Doctrine:

A conspiracy terminates once the government intervenes, thus defeating the conspiracy’s objective.

Question 17

US v. Read

Answer 17

Withdrawal from a conspiracy must be communicated of reasonably calculated to at least one member of the former conspiracy.

Question 18

Robbery

Answer 18

The unlawful taking of personal property from the person or in the presence of another, against his will, by means of force, or violence, or fear of injury, immediate or future, to his person.