Page 6 Flashcards
If an actual crime that is the result of solicitation happens, what is the defendant held liable for?
The target crime under accomplice liability
Can a D be found guilty of solicitation and the actual crime?
No, because mergers are present
If a defendant urges another to commit a crime that would be criminal for him, but not criminal for the other person to do, what is he liable for?
Attempting to commit a crime by using the person as an instrumentality of the crime. Ie: having a child shoot your wife (attempting to commit murder)
What is the MPC view on solicitation?
Solicitation includes promoting or facilitating a crime’s commission by commanding, encouraging, or requesting another to engage in specific conduct that would constitute that crime
What does the MPC say if an enticement never reaches the solicitee because it is intercepted/lost?
That is still solicitation
What does the MPC think about how dangerous a solicitor is?
Solicitor is as dangerous as the perpetrator of the completed crime, the punishment should be with equal severity unless the crime is extremely serious (murder)
What does the MPC say about uncommunicated solicitation?
The defendant’s conduct is meant to effect a certain communication, it doesn’t matter that he fails to communicate with the person he solicits
What is the mental state for solicitation?
Usually there is none, but if there is, a solicitor must intend that the offense be committed, intend to promote commission, or to achieve that result through the conduct of another
Does just showing your approval count as solicitation?
No
What is the actus reus for solicitation?
Must be an act (spoken words, writing, nonverbal conduct)
When is solicitation complete?
With the communication (no one needs to agree with or act on the solicitation)
If a crime is impossible, can the solicitor still be convicted of soliciting?
Yes, as long as he believed the act could be committed
If an undercover cop was solicited to have an abortion, but wasn’t really pregnant, can the solicitor be guilty?
Yes, because he believed the crime could be committed
If the person being solicited doesn’t know about the criminal nature of the conduct, or defendant’s purpose, is the defendant still guilty of solicitation?
Yes, that is no defense
If you solicit someone to bring drugs back for you, but they don’t know they’re doing it, are you still guilty of solicitation?
Yes, it doesn’t matter if they didn’t know
What are defenses to solicitation?
Voluntary renunciation/withdrawal
How does the MPC treat voluntary renunciation for solicitation?
This is an affirmative defense if defendant persuades conspirator not to do the act, or prevents the crime’s commission showing a complete and voluntary renunciation of his criminal purpose
When is voluntary renunciation not a defense under the MPC?
If unknown to the solicitor the other person couldn’t commit the crime, because he is judged by circumstances as he thinks them to be
How does the common-law treat withdrawal for solicitation?
No withdrawal because the crime is complete upon the asking
What is conspiracy?
An agreement between two or more people to work together to attain an unlawful goal or a lawful act in an unlawful manner
What is the actus reus of conspiracy?
The agreement
What is the mens rea of conspiracy?
The intent to commit the unlawful act
Does the object of the conspiracy have to be criminal?
Not Necessarily
Must an overt act be done in furtherance of the agreement in order to have a conspiracy?
Usually
