Inchoate Crimes

Question 1

Attempt

Answer 1

Criminal attempt: act done with intent of committing crime but falls SHORT of completing crime; two elements:
(i) specific intent to commit target offense
(ii) overt act in furtherance of that intent
* Overt act: an act beyond mere preparation
* Majority: substantial step toward commission of crime (that strongly shows D’s criminal intent)

Attempt ALWAYS requires specific intent, even if the crime itself doesn’t.

Doctrine of Merger: cannot prosecute person for both solicitation and target offense

Abandonment: not a defense once substantial steps have begun
* Factual impossibility also not defense
* Legal impossibility defense if acts D intends to commit aren’t actually a crime

Question 2

Solicitation

Answer 2

(a) asks or requests someone to commit crime
(b) Specific intent that the solicited person commit the crime
* Intent is INFERRED

If party solicited actually commits crime, solicitor is liable for the crime
* If person solicited refuses, it’s not a defense

Doctrine of Merger: cannot prosecute person for both solicitation and target offense

Question 3

Conspiracy

Answer 3

(i) Agreement between two or more people to commit crime or accomplish lawful purpose through unlawful means
(ii) intent to enter into agreement
* Common Law: conspiracy requires two guilty minds (if one person pretending/is undercover cop, other person can’t be convicted of conspiracy)
* Modern Trend: conspiracy requires only one guilty mind

(iii) intent by 2+ people to achieve objective of agreement
(iv) Majority: requires overt act in furtherance of conspiracy

Modern View: D can be convicted of both conspiracy and target offense

Liability for Other Co-Conspirators
* Conspirator liable for crimes committed by other co-conspirators if they were (a) foreseeable and (b) committed in furtherance of conspiracy

Defense: Withdrawal
* Must communicate intent to withdraw to all conspirators BEFORE crime (only protects against liability for target crime)
* Will still be guilty of conspiracy

Question 4

Accomplice Liability

Always analyze witih conspiracy

Answer 4

Modern Statutes: ALL parties to crime can be guilty of primary offense IF:
(i) accomplice acts with intent to aid, abet, or counsel principal
(ii) before or during commission of crime

Accomplice liable for any foreseeable/probable crimes committed in course of committing the primary offense

Defenses - only available if done before crime becomes unstoppable
* if person encouraged, repudiate encouragement
* if person provided material (gun), do everything to retrieve it
* or notify police/take action to prevent crime

Common law: distinguished between principals, accomplices, and accessories before and after the fact.

Question 5

Accessory After the Fact

Answer 5

Person who receives, relieves, or assists person who he knows has committed felony to help felony escape arrest, trial, or conviction is liable for obstruction of justice
* Crime committed by principal must be felony
* Crime must be completed at time accessory helps
* Not liable for crimes of the principal