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
Does conspiracy merge with the completed crime?
No, because conspiracy is not a lesser included offense of any other crime
What does the MPC say about conspiracy merging?
Can merge
What is the rationale behind conspiracy law?
When two or more people agree to commit a crime, the chances it will take place increase because each person reinforces the other, so this allows the law to intervene as soon as possible
How should you always identify a conspiracy on an exam?
With the illegal goal. Ie: conspiracy to commit murder
What are the added perks that prosecutors have in conspiracy?
– All conspirators are liable for all substantive crimes in furtherance of the conspiracy
– Hearsay evidence can be included (any act/declaration by one conspirator is admissible against each)
– Prosecution selects venue for trial
If a new member is added to a conspiracy, what must he be aware of in order to be guilty of his co-criminal’s actions?
The conspiracy’s features and general aims, so statements about the details of the plan can be admitted against him even if he doesn’t have specific knowledge of the acts
What must be shown in order to allow admissions of a co-conspirator as if they were the defendant’s own?
- A conspiracy existed and defendant participated in it
2. The statement was made in both the course of the conspiracy and in furtherance of it
Where can the government bring charges for conspiracy?
Any location that any act that any one of the conspirators took place in
Conspiracy to commit a misdemeanor is considered what?
A felony because conspiracy aggravates the degree
When does the statute of limitations start in conspiracy?
When the last act of conspiracy occurred
If the illegal goal of the conspiracy isn’t a felony, how is the conspiracy treated?
It is still a felony
Can there be an attempted conspiracy?
No, that would be solicitation
If all of the co-conspirators in a conspiracy are acquitted, what does that do to the defendant?
He must also be acquitted (can still be tried and convicted for the underlying offense) since it is impossible for defendant to have conspired with no one
What does the MPC say about conspiracy?
A person is guilty of conspiracy with another if with the purpose of promoting/facilitating a crime’s commission, he agrees with the other that all or one will engage in conduct the constitutes a crime/attempt/solicitation, or agrees to aid others in the planning or commission of the crime
Under the MPC if a person knows the person he is conspiring with is also conspiring with others to commit the same crime, what does that do to his guilt?
Guilty of conspiring with the others, regardless of whether he knows their identity
If someone conspires to commit many crimes, how do the courts treat that?
It is conspiracy to commit one crime as long as the object is the same continuous conspiratorial relationship
