Preliminary Crimes: Attempt, Solicitation, Conspiracy (Specific Intent Crimes)

Question 1

Attempt Rule Statement

Answer 1

A defendant is guilty of attempt if defendant commits an act of perpetration with the intent to commit the intended (target) crime.

Question 2

(Attempt) What satisfies the element of act of perpetration?

Answer 2

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.

Question 3

(Attempt) In simple terms, what does the element “intent to commit the crime” mean?

Answer 3

It just means that the defendant must have the specific intent to commit the target crime.

Question 4

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?

Answer 4

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.

Question 5

What are the two defenses to attempt?

Answer 5

Merger and impossibility

Question 6

What is the merger doctrine?

Answer 6

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.

Question 7

What does impossibility apply to?

Answer 7

Conspiracy and attempt

Question 8

What are the two types of impossibility?

Answer 8

Legal and Factual

Question 9

What type of impossibility is a good defense?

Answer 9

Legal impossibility

Question 10

What is legal impossibility?

Answer 10

Exists when the acts defendant intends to commit are not a crime in the jurisdiction.

Question 11

What is factual impossibility?

Answer 11

Exists when the acts the defendant intended to commit would be a crime, if the facts were as defendant believed them to be.

Question 12

Solicitation Rule Statement

Answer 12

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.

Question 13

What is a solicitor liable for if the person he solicits commits the crime?

Answer 13

He is vicariously liable for the requested crime as well as solicitation.

Question 14

Conspiracy Rule Statement

Answer 14

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.

Question 15

How can an agreement exist for a conspiracy?

Answer 15

Through express words or implied through conduct.

Question 16

Do conspirators have to have a face to face agreement?

Answer 16

No. As long as they were working toward a common unlawful goal an agreement exists.

Question 17

Do co-conspirators need to know all the other co-conspirators?

Answer 17

no

Question 18

Must all conspirators actually agree to commit the unlawful objective?

Answer 18

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.

Question 19

What is unilateral conspiracy rule?

Answer 19

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.

Question 20

If a defendant enters into a conspiracy with a police officer to commit murder, is the defendant liable for the conspiracy?

Answer 20

Under the majority rule no, all conspirators must actually agree to commit the unlawful objective.

Minority rule, yes. Unilateral conspiracy rule.

Question 21

What is Wharton’s Rule?

Answer 21

If the target crime requires two or more parties, then there is no conspiracy to commit that crime unless three or more parties exist.

Question 22

How many co-conspirators are necessary to form a conspiracy?

Answer 22

One more than the target crime requires.

Question 23

What must the goal of the conspiracy be to be unlawful?

Answer 23

Crime or fraud

Question 24

What is an overt act that leads to conspiracy liability?

Answer 24

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.

Question 25

When are co-conspirators vicariously liable for the crimes of the other co-conspirators?

Answer 25

If the crimes committed were 1) reasonably foreseeable and 2) in reasonable furtherance of the conspiracy.

Question 26

What are the two defenses to conspiracy?

Answer 26

Withdrawal and impossibility

Question 27

How can a co-conspirator withdraw from a conspiracy?

Answer 27

Defendant must timely communicate to all other co-conspirators that defendant is no longer a participant in the conspiracy.

Question 28

What is the effect of withdrawal from a conspiracy?

Answer 28

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.

Question 29

What is withdrawal that thwarts crime?

Answer 29

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.

Question 30

Impossibility is same as attempt.

Answer 30

Same as attempt

Question 31

Does the conspiracy merge with the target crime?

Answer 31

No. Conspiracy cannot merge into the target crime. A conspirator can be convicted separately for both conspiracy and the target crime.

Question 32

To what, does the merger doctrine apply?

Answer 32

Attempt.