Incohate Crimes

Question 1

CL Conspiracy

Answer 1

a. 1)An agreement
b. 2)Between two or more people
c. 3)To commit an unlawful act

Question 2

Modern Conspiracy

Answer 2

often add a fourth requirement: the overt act requirement

Question 3

MPC conspiracy

Answer 3

1. Only the defendant who actually has been charged must actually agree to commit the unlawful act. The other people with whom the defendant agrees can be undercover agents, for example.
   a. Agreement can be explicit or implicit
   b. Simply knowing a crime is going to occur and doing nothing about it does not turn a bystander into a co-conspirator; there must be an agreement.

Question 4

Chain conspiracy

Answer 4

1. A # of steps in a narrative chain

2. Each participant is liable for substantive crimes of co-conspirators

Question 5

Spoke-Hub Conspiracy

Answer 5

1. There is a central person that is dealing with many people on the periphery
2. central person will be liable for all the crimes, but each of the spokes is treated as a separate crime. Therefore they will not be liable for each other’s crimes.

Question 6

CL Withdrawl

Answer 6

impossible to withdraw from a conspiracy, because the crime is completed the moment the agreement is made.

Question 7

Federal Rule withdrawal from conspiracy

Answer 7

1. conspirator can withdraw prior to the commission of any overt act by communicating her intention to withdraw to all other conspirators or by informing law enforcement

Question 8

MPC withdrawal from Conspiracy

Answer 8

1. Under MPC, a conspirator who helps to thwart the success of a conspiracy can raise a withdrawal defense even after an overt act has occurred.
   Although a D who tries to withdraw may remain liable for conspiracy (e.g., bc notification was not timely), that D will not be liable for any substantive crimes committed after his withdrawal.

Question 9

Attempt

Answer 9

a. Specific intent to commit a particular criminal act; and
b. Taking a substantial step towards perpetrating the crime
i. Moves you down the road towards actually committing the crime
Attempt is a specific-intent crime always - even when the completed offense is only a general-intent or malice crime.

Question 10

Defenses to attempt

Answer 10

1. Defenses for specific-intent crimes can be used as a defense to an attempt crime as well.
2. BC attempt is a specific-intent crime, certain defenses like voluntary intoxication and unreasonable mistake of fact are available even if they wouldn’t be had the crime been completed.

Question 11

Merger & Attempt

Answer 11

1. merges into a complete offense.

Question 12

Solicitation

Answer 12

1. Occurs when an individual intentionally invites, requests, or commands another person to commit a crime
   a. If the person agrees, we have a conspiracy
   b. If person commits offense, solicitation charge will merge into completed offense