solicitation-conspiracy Flashcards
elements of solicitation
attempted conspiracy - asking or urging another to commit a felony with intent that the person commit the solicited crime
when is the crime of solicitation completed?
once you ask, the crime is complete
what are the common law conditions of solicitation related to receipt of request?
request must be received
what is the solicitation requirement of receipt of request under MPC?
request need not be actually received, just made
is renunciation of solicitation a defense under common law?
no defense of renunciation under common law
is renunciation a defense to solicitation under MPC?
only if it stops the crime
does solicitation merge?
solicitation merges into attempt and into the completed offense
elemenets of conspiracy
agreement between two or more persons with the intent to enter into an agreement and intent to accomplish some unlawful purpose
who can be held liable for conspiracy?
everyone’s guilty once the agreement is in force
does conspiracy merge?
merger allowed only under MPC, not under common law
what’s the common law Pinkerton Rule?
an individual is guilty of all criminal acts committed by one of the conspirators in furtherance of the conspiracy, regardless of whether the individual aided or abetted or was even aware of the offense (even if incarcerated)
what kind of later offenses can conspirators be held liable for?
acts done in furtherance of the conspiracy, in the scope of the unlawful purpose, or if it is “reasonable foreseeable” as a necessary or natural consequence
what mens rea is required for common law conspiracy?
purpose can sometimes be inferred from knowledge
what kind of mens rea is required fro MPC conspiracy?
purposely - goes toward agreement
what is the plurality rule of conspiracy?
if one is acquitted, the others can’t be convicted (no one to be in the conspiracy with!)
what is wharton’s rule of conspiracy?
if the crime requires two people, it’s not a conspiracy when two agree to do it
are plurality rule and wharton’s rule applicable for MPC?
no
is withdrawal a defense to conspiracy under common law?
abandonment typically not a defense, but you can withdrawal and limit liability for future crimes of the group if you inform every member of the conspiracy of your withdrawal
is withdrawal a defense to conpiracy under MPC?
renunciation is effective, but must thwart the target crime
define an accomplice
one who, with the intent that the crime be committed, aids, counsels or encourages the principal before or during commission of the crime
what mens rea is needed for accomplice liability?
intent to provide assistance, intent required for the target offense - mere knowledge is NOT enough
what four elements will serve as sufficient evidence for accessory liability
aiding and abetting, failure to assist a victim, encouragement of criminality
define an accessory after the fact in terms of accomplice liability
one who receives, relieves, comofrts or assists to help the felon escape arrest, trial or conviction
does an accessory after the fact contribute to the crime?
accessory after the fact does not participate in the crime itself
can you withdrawal in terms of accomplice liability under common law?
if the aid is mere encouragement, you have to repudiate it before the crime is complete - if the aid is assistance you have to do all you can to neutralize the assistance
can you withdrawal from accomplice liability under MPC?
you have to warn law enforcement or make proper effort to thwart
