Criminal Law _ Inchoate Crimes Flashcards
(12 cards)
1
Q
INCHOATE CRIMES (3)
INCHOATE CRIMES
A
1) Attempt
2) Conspiracy
3) Solicitation
2
Q
Attempt
INCHOATE CRIMES
A
1) Intent to commit the crime
2) Overt Act or Substantial Step
3
Q
Attempt – Merger
INCHOATE CRIMES
A
- MERGES into completed crime
- Cannot be guilty of both attempt & the underlying completed crime
4
Q
Attempt – Withdrawal:
INCHOATE CRIMES
A
- CANNOT withdraw after a Substantial Step
5
Q
Common Law Conspiracy:
INCHOATE CRIMES
A
1) Two or more people
2) Specific Intent to commit crime
3) Agreement
6
Q
MPC – Unilateral Conspiracy:
INCHOATE CRIMES
A
- Only ONE person has to agree
7
Q
Co-Conspirator Liability:
INCHOATE CRIMES
A
- A co-conspirator is liable for all crimes committed in furtherance of conspiracy
8
Q
Conspiracy – Merger:
INCHOATE CRIMES
A
- Does NOT MERGE into the completed crime
- Guilty of both conspiracy & underlying crime
9
Q
Conspiracy – Withdrawal:
INCHOATE CRIMES
A
- CANNOT withdraw from the conspiracy
- CAN withdraw from other crimes committed in furtherance on the conspiracy by timely notice to co-conspirators
10
Q
Solicitation:
INCHOATE CRIMES
A
- Encourage, Urge, or Incite another to commit a crime
11
Q
Solicitation – Merger:
INCHOATE CRIMES
A
- MERGES into completed crime
- Cannot be guilty of both solicitation & the underlying completed crime
12
Q
Solicitation – Withdrawal:
INCHOATE CRIMES
A
- CANNOT withdraw
AdaptiTip
* Don’t mix up the Inchoate Crime with the actual crime
* Pay attention to which crime the call of the question is asking you about
