inchoate crimes

Question 1

conspiracy

Answer 1

explicit or inferred agreement to commit a felony

mens rea = specific intent

Question 2

Is overt act required in VA?

Answer 2

no

the agreement itself completes the crime

Question 3

How many conspirators are required to form a conspiracy in VA?

Answer 3

takes 2 to tango

Question 4

wharton rule

Answer 4

when substantive offense requires agreement of 2 ppl, D cannot be separately punished for conspiracy

EX: simple buy-sell drug deal

Question 5

pinkerton doctrine

Answer 5

all co-conspirators = agents of each other

liable for any subsequent crimes committed by co-conspirators if committed
- during or in furtherance of conspiracy
- reasonably foreseeable under
circumstances

Question 6

withdrawal in VA

Answer 6

conspirators are guilty of conspiracy once they agree

limit pinkerton liability by communicating with co-conspirators

Question 7

attempts

Answer 7

mens rea = specific intent

direct substantial act towards commission

Question 8

is impossibility a defense for attempts?

Answer 8

no