Inchoate Offenses Flashcards
What are the inchoate offenses?
Inchoate means incomplete. There are three inchoate offenses.
What are the elements of conspiracy?
Conspiracy is probably the most tested inchoate crime. A conspiracy requires (1) an agreement between two or more persons; (2) an intent to enter into the agreement; and (3) an intent by at least two persons to achieve the objective of the agreement. The object of the conspiracy must be criminal or the achievement of the lawful object by criminal means. Unlike the common law, a majority of states require an overt act, but an act of mere preparation will suffice.
What is the agreement requirement for a conspiracy?
a. Agreement Requirement
The parties must agree to accomplish the same objective by mutual action. However, the agreement need not be express; it may be inferred from joint activity.
Requirement of Two or More Parties
A critical issue to look for is whether the jurisdiction follows the unilateral or common law approach to the two-party requirement for conspiracy.
— Modern Trend—“Unilateral” Approach
The modern trend follows the M.P.C.’s “unilateral” approach to conspiracy, which requires that only one party have genuine criminal intent. Accordingly, under the unilateral approach, a defendant can be convicted of conspiracy if they conspire with one person only and that person is a police officer working undercover.
— Traditional Rule—“Bilateral” Approach
At common law, a conspiracy requires at least two “guilty minds,” that is, persons who are actually committed to the illicit plan. Under this “bilateral” approach, if one person in a two party agreement is only feigning agreement, the other party cannot be convicted of conspiracy.
What is the Wharton rule?
Wharton Rule
Under the Wharton Rule, where two or more people are necessary for the commission of the substantive offense (for example, adultery, dueling), there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime (for example, because it takes two people to commit adultery, it takes three people to conspire to commit adultery).
Necessary Parties Not Provided For
The Wharton Rule does not apply to agreements with “necessary parties not provided for” by the substantive offense; both parties may be guilty of conspiracy even though both are necessary for commission of the substantive offense. For example, if a state statute prohibits the sale of narcotics and imposes criminal liability on the seller only, both the buyer and seller can be guilty of conspiracy to sell narcotics—even though both parties are necessary for commission of the substantive offense.
What happens if there is an agreement with a person in a protected class?
If members of a conspiracy agree to commit a crime designed to protect persons within a given class, persons within that class cannot be guilty of the crime itself or of conspiracy to commit that crime. Likewise, the nonprotected person cannot be guilty of conspiracy if the agreement was with the protected person only.
what is the effect of acquittal of some conspirators?
Under the traditional view, the acquittal of all persons with whom a defendant is alleged to have conspired precludes conviction of the remaining defendant. In some jurisdictions following the traditional view, a conviction for conspiracy against one defendant is allowed to stand when the alleged co-conspirator is acquitted in a separate trial.
What is the mental state required for conspiracy?
Conspiracy is a specific intent crime. Parties must have: (1) the intent to agree and (2) the intent to achieve the objective of the conspiracy.
What is the overt act required for conspiracy?
At common law, the conspiracy was complete when the agreement with the requisite intent was reached. The majority rule, followed by most states, is that an act in furtherance of the conspiracy must be performed. If you are operating under the majority rule that requires an agreement plus an overt act, any little act can be an overt act in furtherance of the conspiracy, even an act of mere preparation.
When is there a termination of conspiracy?
The point at which a conspiracy terminates is important because acts and statements of co-conspirators are admissible against a conspirator only if they were done or made in furtherance of the conspiracy. A conspiracy usually terminates upon completion of the wrongful objective. Unless agreed to in advance, acts of concealment are not part of the conspiracy. Note also that the government’s defeat of the conspiracy’s objective does not automatically terminate the conspiracy
What is the liability for co-conspirator’s crimes?
A conspirator may be held liable for crimes committed by other conspirators if the crimes (1) were committed in furtherance of the objectives of the conspiracy and (2) were foreseeable.
What are the defense for conspiracy?
a. Factual Impossibility
Factual impossibility is not a defense to conspiracy.
b. Withdrawal
Generally, withdrawal from the conspiracy is not a defense to the conspiracy, because the conspiracy is complete as soon as the agreement is made and an act in furtherance is performed. Withdrawal may be a defense to crimes committed in furtherance of the conspiracy, including the substantive target crime of the conspiracy. This means the defendant can withdraw from liability for the other conspirators’ subsequent crimes, but the defendant cannot withdraw
from the conspiracy itself.
When Withdrawal Effective
To withdraw, a conspirator must perform an affirmative act that notifies all members of the conspiracy of their withdrawal. Notice must be given in time for the members to abandon their plans. If the conspirator has also provided assistance as an accomplice, they must try to neutralize the assistance.
Is there a merger for conspiracy and the crime?
Conspiracy and the completed crime are distinct offenses; there is no merger. A defendant may be convicted of and punished for both.
What are the elements of solicitation?
Solicitation consists of asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime. It is not necessary that the person solicited agree to commit the crime.
What are the defenses to solicitation?
It is not a defense that the person solicited is not convicted, nor that the offense solicited could not in fact have been successful (factual impossibility). In most jurisdictions, it is not a defense that the solicitor renounces or withdraws the solicitation. The M.P.C. recognizes renunciation as a defense if the defendant prevents the commission of the crime, such as by persuading the person solicited not to commit the crime. However, it is a defense that the solicitor could not be found guilty of the completed crime because of a legislative intent to exempt them (for example, a minor female cannot be guilty of solicitation of statutory rape by urging an adult male to have intercourse with her, because she could not be guilty of the completed crime).
What is the merger of solicitation?
What if the person the defendant asks to commit the crime agrees to do it? If the person solicited commits the crime solicited, both that person and the solicitor can be held liable for that crime. If the person solicited commits acts sufficient to be liable for attempt, both parties can be liable for attempt. If the person solicited agrees to commit the crime, but does not even commit acts sufficient for attempt, both parties can be held liable for conspiracy. However, under the doctrine of merger, the solicitor cannot be p (missed this).
