Preliminary Crimes: Attempt, Solicitation, Conspiracy (Specific Intent Crimes) Flashcards
Attempt Rule Statement
A defendant is guilty of attempt if defendant commits an act of perpetration with the intent to commit the intended (target) crime.
(Attempt) What satisfies the element of act of perpetration?
Defendant must take a substantial step towards the commission of the target crime, or come dangerously close to completing the intended crime. More than mere preparation.
(Attempt) In simple terms, what does the element “intent to commit the crime” mean?
It just means that the defendant must have the specific intent to commit the target crime.
A defendant is driving his car at a high rate of speed through a school zone. He hits a child. The child lives. Is the defendant guilty of attempted murder?
No. The defendant did not have the intent to kill the child. The only intent sufficient for attempt to murder is the intent to kill.
What are the two defenses to attempt?
Merger and impossibility
What is the merger doctrine?
Attempt merges into the target crime so a defendant who actually commits the intended crime cannot be convicted and punished for both attempt and the intended crime.
What does impossibility apply to?
Conspiracy and attempt
What are the two types of impossibility?
Legal and Factual
What type of impossibility is a good defense?
Legal impossibility
What is legal impossibility?
Exists when the acts defendant intends to commit are not a crime in the jurisdiction.
What is factual impossibility?
Exists when the acts the defendant intended to commit would be a crime, if the facts were as defendant believed them to be.
Solicitation Rule Statement
Defendant is guilty of solicitation if defendant asks or requests another to commit a crime with the intent that the person solicited commits the crime.
What is a solicitor liable for if the person he solicits commits the crime?
He is vicariously liable for the requested crime as well as solicitation.
Conspiracy Rule Statement
Defendant is guilty of conspiracy if defendant enters into an agreement with another party for an unlawful objective and some overt act is performed in furtherance of the unlawful objective.
How can an agreement exist for a conspiracy?
Through express words or implied through conduct.
Do conspirators have to have a face to face agreement?
No. As long as they were working toward a common unlawful goal an agreement exists.
Do co-conspirators need to know all the other co-conspirators?
no
Must all conspirators actually agree to commit the unlawful objective?
Majority rule is that yes the must all agree to commit the unlawful objective.
Minority Rule: unilateral conspiracy rule, one guilty mind is enough for conspiracy if the guilty mind believed the other party was actually agreeing to commit the unlawful purpose.
What is unilateral conspiracy rule?
Minority rule. one guilty mind is enough for conspiracy if the guilty mind believed the other party was actually agreeing to commit the unlawful purpose.
If a defendant enters into a conspiracy with a police officer to commit murder, is the defendant liable for the conspiracy?
Under the majority rule no, all conspirators must actually agree to commit the unlawful objective.
Minority rule, yes. Unilateral conspiracy rule.
What is Wharton’s Rule?
If the target crime requires two or more parties, then there is no conspiracy to commit that crime unless three or more parties exist.
How many co-conspirators are necessary to form a conspiracy?
One more than the target crime requires.
What must the goal of the conspiracy be to be unlawful?
Crime or fraud
What is an overt act that leads to conspiracy liability?
At common law only an agreement was necessary. Today, just about anything suffices as an overt act as long as it was in furtherance of the unlawful purpose.
When are co-conspirators vicariously liable for the crimes of the other co-conspirators?
If the crimes committed were 1) reasonably foreseeable and 2) in reasonable furtherance of the conspiracy.
What are the two defenses to conspiracy?
Withdrawal and impossibility
How can a co-conspirator withdraw from a conspiracy?
Defendant must timely communicate to all other co-conspirators that defendant is no longer a participant in the conspiracy.
What is the effect of withdrawal from a conspiracy?
The person who withdraws is no longer liable for the target crime of the conspiracy, but remains liable for the conspiracy itself. Also not liable for subsequent crimes committed by other co-conspirators.
What is withdrawal that thwarts crime?
The minority rule, if the withdrawing conspirator goes to the police in time to permit the police to stop the crime, the conspirator will not be liable for the conspiracy or the target crime.
Impossibility is same as attempt.
Same as attempt
Does the conspiracy merge with the target crime?
No. Conspiracy cannot merge into the target crime. A conspirator can be convicted separately for both conspiracy and the target crime.
To what, does the merger doctrine apply?
Attempt.
