Attribution of Criminality

Question 1

What are Inchoate crimes?

Answer 1

• “Incomplete” crimes
• Attempt
• Complicity
• Conspiracy
• Solicitation

Question 2

What are the common law elements of attempt?

Answer 2

• Same mens rea as target crime
• Intent to cause target crime/harm
• Intent for necessary circumstances to exist
• No liability for reckless/negligent

Question 3

What are the MPC elements of attempt?

Answer 3

• Same mens rea as target crime
• Purposeful act
• Purpose or belief to cause harm
• Same culpability toward existing circumstances

Question 4

What is the actus reus required for attempt?

Answer 4

• Varies in different jurisdictions
• Substantial step test (least favorable to defendants, MPC)
• Proximity test
• Equivocality test
• Last act test (most favorable)

Question 5

What are the limitations of attempt?

Answer 5

• Merger (cannot charge both attempt and commission)
• Abandonment (Not typical in common law)
• Renunciation (MPC defense to attempt if: target crime is not mere conduct, voluntary, complete and final)
• Impossibility (legal, factual, inherent)

Question 6

What are the common law elements of solicitation?

Answer 6

• Specific intent
• Somehow encourages to commit target crime
• Failure is attempted solicitation
• Felonies or serious misdemeanors

Question 7

What are the MPC elements of solicitation?

Answer 7

• Purpose of promoting or facilitating
• Somehow encourages to commit, attempt, or act as accomplice
• Failure is still soliciatation
• Any crime

Question 8

What is not solicitation?

Answer 8

• Conspiracy
• Attempt
• Completed crime
• “True” legal impossibility
• Renounce (MPC, complete and voluntary, and convince person not to commit crime)

Question 9

What is the common law Conspiracy?

Answer 9

• Most jurisdictions consider conspiracy an independent offense that doesn’t merge
• Specific intent (intent to agree, intent to accomplish crime)
• Bilateral approach
• Perform an “overt” act (majority)
• Agreement + intent = liability
• Ends when criminal purpose ends or abandoned

Question 10

What is MPC Conspiracy?

Answer 10

• Purpose of promoting/facilitating
• Intent as to conduct
• Intent as to result
• Agreement with one or more
• Overt act only if crime is minor
• Looks at each defendant individually
• Ends when criminal purpose ends or abandoned

Question 11

What are the general elements of complicity (aiding and abetting)?

Answer 11

• Even Slightly Assists or Encourages (but who does actually assist or encourage)
• Another in the Commission of a Crime
• With the Intent to Assist or Encourage and
• With the Intent that the Crime Assisted or Encouraged be Committed

Question 12

How does the MPC differ for complicity (aiding and abetting)?

Answer 12

• MPC requires more for mental state and less for conduct
• MPC creates liability for even attempting to aid, but also requires “purpose of promoting or facilitating the commission of the crime”

Question 13

What is Pinkerton Liability?

Answer 13

-When a conspirator can be held liable for the crimes of his co-conspirators