Flashcards in Crim Law: Inchoate Offenses Deck (12)
Solicitation, conspiracy, and attempt are specific intent crimes with the goal of committing some target crime. They cannot be committed through negligence or recklessness (one does not negligently or recklessly conspire)
AR: Asking or encouraging someone to commit a crime.
MR: With Intent that they commit the crime
Liability: Solicitation is complete once words spoke.
Solicitation merges into completed target offense.
Impossibility is NO Defense.
AR: Agreement to commit unlawful act(s)
MR: Intent to achieve the object of the agreement
Majority (NOT CL): Overt act, however minor, in furtherance or conspiracy
Conspiracy: Unilateral v. Bilateral
Unilateral(minority/MPC): Only one party must have intent to achieve target objective (other is undercover cop).
Bilateral (majority/CL): Both parties to agreement must have intent to achieve target objective (both have to be criminals).
Conspirators may be liable for:
2. Completed target crime (no merger), AND
3. All foreseeable crimes by co-conspirators in furtherance of conspiracy.
Elinor and Marianne agree to rob a bank with fake guns. Elinor hides a real gun in her purse and shoots dead a guard during the robbery. What crimes are Marianne liable for?
All of them. Conspiracy, Armed Robbery, Murder.
Common Law: voluntarily withdrawing + notifying co-conspirators in time for them to abandon plans:
a) NOT a defense against conspiracy itself.
b)NOT defense against completed crimes of co-conspirators.
c) IS a Defense against further crimes of co-conspirators.
MPC: voluntarily withdrawing + thwarting success of conspiracy is defense against conspiracy itself.
Impossibility is no defense.
AR: CL- dangerous proximity toward completion of crime.
MPC - substantial step beyond mere preparation, toward completion of crime.
MR: Intent to commit a crime
a. Merges into completed target offense
1. Factual NOT a defense
2. Legal IS a defense.
Elinor buys poison and hides it under pillow. Plans on putting it in Marianne's tea the next day. Is there attempt?
CL: NO-- not close enough
MPC: YES-- substantial step by buying poison
Elinor poisons Marianne's tea with intent to kill her. Succeeds. Is there attempt?
NO-- merges with murder
Elinor tries to poison Marianne's tea but mistakenly uses sugar. Is there attempt?
Yes-- there is attempt because factual impossibility is NOT a defense