Inchoate Offenses

Question 1

Attempt, generally

Answer 1

Defendant has intent to commit underlying offense, but the act is not yet complete

Question 2

Attempt act requirement under common law

Answer 2

Proximity test: how close is crime to being completed (what remains to be done)

Question 3

Attempt act requirement MPC

Answer 3

Substantial step: what has been done

Question 4

The act for attempt cannot be

Answer 4

Mere preparation. Must cross line into perpetration

Question 5

Substantial step

Answer 5

Act done in pursuance of intent, and more or less directly tending toward commission of crime. Inexplicable as lawful act, more than mere preparation

Question 6

Attempt: Mens rea

Answer 6

Purposely or knowingly/specific intent for underlying offense. Must know of any attendant circumstances

Question 7

Defense of Impossibility

Answer 7

Factual impossibility is not a defense. Must be legally impossible; i.e., offense, if completed, would not be a crime

Question 8

Abandonment Defense for Attempt

Answer 8

No defense under common law. Under MPC, must be voluntary and unmotivated by outside factors. May have to commit commission of crime

Question 9

Solicitation

Answer 9

Asking another to commit a crime. Specific intent to have crime completed. Act is asking, and is complete upon the request; crime need not be completed

Question 10

Conspiracy

Answer 10

1. Agreement between two or more persons
2. Intent to enter into agreement
3. Specific intent for underlying crime

Question 11

Conspiracy and Act

Answer 11

At common law, no act requirement. Crime complete when agreement entered into. Under MPC, requires act in furtherance of conspiracy. Can be mere prep

Question 12

Unilateral and bilateral conspiracy

Answer 12

Unilateral require only one person have criminal intent, and is followed by MPC. Bilateral requires at least two guilty minds, and is the common law rule

Question 13

Defense of withdrawal and conspiracy

Answer 13

Not a defense as complete upon moment of agreement. Will be defense against crimes committed after.

Question 14

Merger

Answer 14

Attempt and solicitation merge with the completed offense. Conspiracy does not

Question 15

Types of conspiracies

Answer 15

Wheel and spoke and Chain.

Question 16

Does a conspirator need to know the identity of all co-conspirators?

Answer 16

No, need only participate

Question 17

Pinkerton rule of conspiracy

Answer 17

Co-conspirators are liable when conspiracy is proven to exist, the substantive offense was committed in furtherance of conspiracy, and it was foreseeable as outgrowth of conspiracy.

Question 18

Wharton’s rule

Answer 18

Conspiracy cannot be charged if offense requires a minimum number of participants to be complete

Question 19

Accomplice Liability

Answer 19

Culpable for offense even if defendant was not the one who committed the offense

Question 20

Common law breakdown of Accomplice liability

Answer 20

Principle in first degree: committed offense
Principle in second: was present and aided in commission of offense
Assessory first degree: helped prior to offense
Assessory second: helped after commission

Question 21

MPC and Accomplice liability

Answer 21

All are considered principles and will share punishment of underlying offense, with the exception of accessory after, which is a separate offense

Question 22

When is accomplice liability imposed

Answer 22

When before or during commission of offense, and with the intent to promote the commission of the offense, one aids or attempts to adis in planing, committing, or attempting the offense

Question 23

Encouragement is enough to impose accomplice liability: T or F

Answer 23

True. Must associate with person committing offense before during, or after, and continuance or approve criminal conduct with words, gestures, looks, or signs.

Question 24

Accomplice liability and mens rea

Answer 24

Specific intent to complete underlying offense

Question 25

Withdrawal and accomplice liability

Answer 25

Defense where occurs before crime is unstoppable, repudiated action or encouragement or other actions as is necessary to prevent commission of crime