Inchoate Crimes

Question 1

What are the Inchoate Crimes?

Answer 1

1) Attempt
2) Conspiracy
3) Solicitation

Question 2

Attempt

Answer 2

= an Inchoate Crime – RULE:

1) Perp intended to commit the crime, AND
2) did overt act** OR **substantial step towards completing the crime

*do NOT MIX UP the elements of Attempt with the underlying crime

Question 3

Does Attempt merge into the completed crime?

Answer 3

→ YES, Attempt MERGES into the completed crime – so, CANNOT be guilty of BOTH Attempt & the underlying crime

Question 4

Once someone commits Attempt, can he withdraw from that?

Answer 4

→ NO, ONCE Perp commits Attempt (intent AND substantial step), he CANNOT withdraw from Attempt

Question 5

Conspiracy

Answer 5

= an Inchoate Crime – RULE:

1) TWO or MORE people have specific intent to commit a crime, AND
2) they agree with each other to commit the crime

***IF Facts say it’s a MPC jurisdiction → ONLY ONE person has to agree (“unilateral theory” of conspiracy)

Question 6

Co-Conspirator Rule

Answer 6

= a co-conspirator is liable for ALL crimes committed in FURTHERANCE OF the conspiracy

Question 7

Does Conspiracy merge into the completed crime?

Answer 7

→ NO, Conspiracy does NOT merge into the completed crime

*SO, Perp isguiltyof BOTHconspiracyAND theunderlying crime

Question 8

Once someone commits Conspiracy, can he withdraw from it?

Answer 8

→ a Perp CANNOT withdraw from Conspiracy – BUT he CAN withdraw from other crimes committed in furtherance of the conspiracy by giving TIMELY NOTICE to co-conspirators (i.e., before his co-consp. had a chance to complete the crime(s))

E.g., During bank robbery, Jon tells his co-conspirators that he is against taking hostages. But his co-consp. kidnaps 5 kids anyways. → Jon IS guilty of Conspiracy, but he is NOT guilty of the kidnapping

Question 9

Solicitation

Answer 9

= an Inchoate Crime – RULE:encourage**, **urge**, OR **incite another to commit a crime

E.g., College kid egging friend on to burn down someone’s house.

Question 10

Does Solicitation merge into the completed crime?

Answer 10

→ YES, Solicitation merges into the completed crimes – so, CANNOT be guilty of BOTH Attempt & the underlying crime

Question 11

Once someone commits Solicitation, can he withdraw from it?

Answer 11

→ NO, cannot withdraw from committing Solicitation afterwards