Criminal Law Flashcards
(16 cards)
<p>Solicitation</p>
<p>Inciting, counseling, advising, inducing, urging, or commanding another to commit a crime with the specific intent that the person solicited commit the crime (general approval or agreement is insufficient)</p>
Conspiracy
Agreement between two or more persons
Intent to enter into an agreement
Intent to achieve the objective of the agreement
(most states require overt act in furtherance of the conspiracy)
Object of Conspiracy
Some crime or felony
OR
lawful object by criminal means
Number of conspiracies when same party commits several crimes over extended period of time when parties agreed initially to engage in a course of criminal conduct encompassing all the crimes
One
Chain Relationship — One Conspiracy
Single large conspiracy in which all parties to sub-agreements are interested; sub-agreements characterized as “links” in the “chain”
Hub and Spoke Relationship — Multiple Conspiracies
Agreements have one common member, but sub-agreements reasonably independent of each other; common member as “hub” and sub agreement as “spoke”. Hub is member of all conspiracies but spoke is only member of its independent spoke
MPC Unilateral Approach — Number of parties in a conspiracy
Only one party need have genuine criminal intent (one guilty person and one undercover cop, e.g.)
Traditional Common Law Bilateral Approach— Number of parties in a conspiracy
Two guilty minds (no conspiracy with undercover agent); husband and wife could not conspire (abandoned in almost all states); no conspiracy between corporation and single agent working on its behalf
Wharton Rule
No crime of conspiracy unless more parties participate in the agreement than are necessary for the crime (does not apply to agreements with necessary parties not provided for)
Agreement with Person in Protected Class
No guilt for conspiracy with person in the class the statute was designed to protect (do not have two guilty minds) (e.g. trafficker and woman going to be prostituted agree, no conspiracy)
Effect of Acquittal on other conspirators
Acquittal of all conspirators precludes conviction
Intent to Facilitate Conspiracy
Intent may not be inferred from mere knowledge
Corrupt Motive not Required for Conspiracy
Parties to conspiracy need not be aware that their plan was illegal
Liability of one conspirator for crimes committed by others
Conspirator liable for crimes of all other conspirators if:
- Crimes committed in furtherance of objectives of conspiracy
- Crimes a natural and probable consequence of the conspiracy (foreseeable)
No merger (conspiracy)
Conspirators who are successful may be convicted of both criminal conspiracy and the substantive offense
Attempt
Specific intent to commit the crime and an overt act in furtherance of that intent
