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Criminal FYLSE > Page 6 > Flashcards

Page 6 Flashcards

0
Q

If an actual crime that is the result of solicitation happens, what is the defendant held liable for?

A

The target crime under accomplice liability

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1
Q

Can a D be found guilty of solicitation and the actual crime?

A

No, because mergers are present

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2
Q

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?

A

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)

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3
Q

What is the MPC view on solicitation?

A

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

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4
Q

What does the MPC say if an enticement never reaches the solicitee because it is intercepted/lost?

A

That is still solicitation

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5
Q

What does the MPC think about how dangerous a solicitor is?

A

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)

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6
Q

What does the MPC say about uncommunicated solicitation?

A

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

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7
Q

What is the mental state for solicitation?

A

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

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8
Q

Does just showing your approval count as solicitation?

A

No

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9
Q

What is the actus reus for solicitation?

A

Must be an act (spoken words, writing, nonverbal conduct)

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10
Q

When is solicitation complete?

A

With the communication (no one needs to agree with or act on the solicitation)

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11
Q

If a crime is impossible, can the solicitor still be convicted of soliciting?

A

Yes, as long as he believed the act could be committed

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12
Q

If an undercover cop was solicited to have an abortion, but wasn’t really pregnant, can the solicitor be guilty?

A

Yes, because he believed the crime could be committed

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13
Q

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?

A

Yes, that is no defense

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14
Q

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?

A

Yes, it doesn’t matter if they didn’t know

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15
Q

What are defenses to solicitation?

A

Voluntary renunciation/withdrawal

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16
Q

How does the MPC treat voluntary renunciation for solicitation?

A

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

17
Q

When is voluntary renunciation not a defense under the MPC?

A

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

18
Q

How does the common-law treat withdrawal for solicitation?

A

No withdrawal because the crime is complete upon the asking

19
Q

What is conspiracy?

A

An agreement between two or more people to work together to attain an unlawful goal or a lawful act in an unlawful manner

20
Q

What is the actus reus of conspiracy?

A

The agreement

21
Q

What is the mens rea of conspiracy?

A

The intent to commit the unlawful act

22
Q

Does the object of the conspiracy have to be criminal?

A

Not Necessarily

23
Q

Must an overt act be done in furtherance of the agreement in order to have a conspiracy?

A

Usually

24
Q

Does conspiracy merge with the completed crime?

A

No, because conspiracy is not a lesser included offense of any other crime

25
Q

What does the MPC say about conspiracy merging?

A

Can merge

26
Q

What is the rationale behind conspiracy law?

A

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

27
Q

How should you always identify a conspiracy on an exam?

A

With the illegal goal. Ie: conspiracy to commit murder

28
Q

What are the added perks that prosecutors have in conspiracy?

A

– 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

29
Q

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?

A

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

30
Q

What must be shown in order to allow admissions of a co-conspirator as if they were the defendant’s own?

A
  1. 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

31
Q

Where can the government bring charges for conspiracy?

A

Any location that any act that any one of the conspirators took place in

32
Q

Conspiracy to commit a misdemeanor is considered what?

A

A felony because conspiracy aggravates the degree

33
Q

When does the statute of limitations start in conspiracy?

A

When the last act of conspiracy occurred

34
Q

If the illegal goal of the conspiracy isn’t a felony, how is the conspiracy treated?

A

It is still a felony

35
Q

Can there be an attempted conspiracy?

A

No, that would be solicitation

36
Q

If all of the co-conspirators in a conspiracy are acquitted, what does that do to the defendant?

A

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

37
Q

What does the MPC say about conspiracy?

A

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

38
Q

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?

A

Guilty of conspiring with the others, regardless of whether he knows their identity

39
Q

If someone conspires to commit many crimes, how do the courts treat that?

A

It is conspiracy to commit one crime as long as the object is the same continuous conspiratorial relationship

Criminal FYLSE (52 decks)

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