Criminal Law - Inchoate Offenses

Question 1

Attempt

Answer 1

1. Intent to commit crime
2. Overt Act/Substantial Step

• No Withdrawal
• Yes Merger

Question 2

Overt Act required for which crime?

Answer 2

Attempt

Question 3

Common Law Conspiracy

Answer 3

1. 2+ People
2. Specific Intent
3. Agreement

Question 4

Unilateral Conspiracy

Answer 4

1. Only ONE person
2. Specific Intent
3. Agreement

*e.g. allows conspiracy when second person is cop

Question 5

MPC Conspiracy

Answer 5

1. Only ONE person
2. Specific Intent
3. Agreement

*e.g. allows conspiracy when second person is cop

• No Merge
• Yes Withdrawal

Question 6

Attempt: Can you withdraw?

Answer 6

No, once you have the
intent and take some sort of an overt act or substantial step, once you meet the
elements, you are guilty and you cannot withdraw out of the crime

Question 7

What inchoate offense permits withdrawal?

Answer 7

Conspiracy

Question 8

Does attempt merge?

Answer 8

Yes

Question 9

Co-Conspirator Rule

Answer 9

Liable for ALL crimes committed in FURTHERANCE of conspiracy

*Remember Common Sense

Question 10

Does Conspiracy merge?

Answer 10

No, only inchoate offense that does not merge!

Question 11

Conspiracy Withdrawal Rule

Answer 11

You CANNOT withdraw from conspiracy
You CAN withdraw from subsequent crimes so long as Timely Notice (before chance to commit crime)

Question 12

Solicitation

Answer 12

Encourage, urge, incite another to commit a crime
- Merges
- No Withdrawl

Question 13

Does solicitation merge?

Answer 13

Yes

Question 14

Can you withdraw from solicitation?

Answer 14

No

Question 15

Is Conspiracy Specific Intent

Answer 15

Yes

Question 16

Is Solicitation Specific Intent

Answer 16

Yes

Question 17

Is Attempt Specific Intent

Answer 17

Yes