solicitation-conspiracy

Question 1

elements of solicitation

Answer 1

attempted conspiracy - asking or urging another to commit a felony with intent that the person commit the solicited crime

Question 2

when is the crime of solicitation completed?

Answer 2

once you ask, the crime is complete

Question 3

what are the common law conditions of solicitation related to receipt of request?

Answer 3

request must be received

Question 4

what is the solicitation requirement of receipt of request under MPC?

Answer 4

request need not be actually received, just made

Question 5

is renunciation of solicitation a defense under common law?

Answer 5

no defense of renunciation under common law

Question 6

is renunciation a defense to solicitation under MPC?

Answer 6

only if it stops the crime

Question 7

does solicitation merge?

Answer 7

solicitation merges into attempt and into the completed offense

Question 8

elemenets of conspiracy

Answer 8

agreement between two or more persons with the intent to enter into an agreement and intent to accomplish some unlawful purpose

Question 9

who can be held liable for conspiracy?

Answer 9

everyone’s guilty once the agreement is in force

Question 10

does conspiracy merge?

Answer 10

merger allowed only under MPC, not under common law

Question 11

what’s the common law Pinkerton Rule?

Answer 11

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)

Question 12

what kind of later offenses can conspirators be held liable for?

Answer 12

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

Question 13

what mens rea is required for common law conspiracy?

Answer 13

purpose can sometimes be inferred from knowledge

Question 14

what kind of mens rea is required fro MPC conspiracy?

Answer 14

purposely - goes toward agreement

Question 15

what is the plurality rule of conspiracy?

Answer 15

if one is acquitted, the others can’t be convicted (no one to be in the conspiracy with!)

Question 16

what is wharton’s rule of conspiracy?

Answer 16

if the crime requires two people, it’s not a conspiracy when two agree to do it

Question 17

are plurality rule and wharton’s rule applicable for MPC?

Answer 17

no

Question 18

is withdrawal a defense to conspiracy under common law?

Answer 18

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

Question 19

is withdrawal a defense to conpiracy under MPC?

Answer 19

renunciation is effective, but must thwart the target crime

Question 20

define an accomplice

Answer 20

one who, with the intent that the crime be committed, aids, counsels or encourages the principal before or during commission of the crime

Question 21

what mens rea is needed for accomplice liability?

Answer 21

intent to provide assistance, intent required for the target offense - mere knowledge is NOT enough

Question 22

what four elements will serve as sufficient evidence for accessory liability

Answer 22

aiding and abetting, failure to assist a victim, encouragement of criminality

Question 23

define an accessory after the fact in terms of accomplice liability

Answer 23

one who receives, relieves, comofrts or assists to help the felon escape arrest, trial or conviction

Question 24

does an accessory after the fact contribute to the crime?

Answer 24

accessory after the fact does not participate in the crime itself

Question 25

can you withdrawal in terms of accomplice liability under common law?

Answer 25

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

Question 26

can you withdrawal from accomplice liability under MPC?

Answer 26

you have to warn law enforcement or make proper effort to thwart