Inchoate Crimes

Question 1

what is inchoate crime?

Answer 1

Unscussesul attempted crimes

Question 2

do you need cause for attempted crimes?

Answer 2

No

Question 3

Attempt

Answer 3

It its own crime

Question 4

Attempt: Mens

Answer 4

• Standard for mens rea → intent to commit the crime
  Must have a plan/goal/purpose to commit that crime

Question 5

can one be charged for attempted, unintentional murder?

Answer 5

• No
• No such thing as attempted felony murder because D cannot attempt to involuntarily kill someone

Question 6

Can an attempted crime give rise to a murder charge?

Answer 6

• Yes. If someone is killed when during an attempted crime.
• It is an attempted felony + a killing = resulting in attempted felony + felony murder

Question 7

Attempted murder: Actus reas

Answer 7

Trying to kill a victim and not succeeding = attempted murder
D HAS THE INTENT TO KILL HERE

Question 8

Can D be charged with attempted murder & murder?

Answer 8

Yes. Every time a D is charged of completed murder (intentional murder) they can be charged of attempted murder
- If they are convicted of completed murder, they can not be convicted of attempted murder as well
- The attempted murder at this point merges with the completed murder charge

Question 9

Whether specific intent needs to be proved for an attempted murder?

Answer 9

Yes.
- A person commits the offense of attempt murder when he with intent to commit the offense of murder, does any act which constitutes a substantial step toward the commission of the offense of murder. - The offense attempted need not have been completed

Question 10

what degree of mens rea does D need to be charged with attempted murder?

Answer 10

D must have the highest degree of mens rea in order to be charged with attempted murder

Question 11

Mens rea for attempted murder

Answer 11

INTENT FOR V TO DIE

Question 12

Whether attempted felony murder is a crime

Answer 12

No. A defendant cannot be found guilty of the attempt of a crime that does not require specific intent. (only intentional murders hold specific intent)

Question 13

what is the charge if D in attempting to commit robbery kills someone?

Answer 13

IF D Is attempting a robbery and causes a victims death, the correct verdict is FELONY MURDER 1

Question 14

Can someone be convicted of trying to commit a crime if they haven’t done anything yet that directly leads to the crime, but they were so close to finishing the crime that it would likely have happened if they hadn’t been stopped?

Answer 14

No.
- Act amounts to an attempt when it is so near to the result that the danger of success is very great.
- Must be a dangerous proximity to success

Question 15

CL: actus reas for attempt

Answer 15

dangerous proximity for the attempted crime. Establishes when a D’s conduct is no longer mere preparation and crosses the line and becomes a criminal attempt

Question 16

MPC: actus for attempt

Answer 16

• SUBSTANTIAL STEP
• D engages in conduct that would constitute the completed crime if the circumstances were as D to be
• D does everything they need to do and sets everything in motion and their conduct would result in the completed crime, but someone or something intervenes and stops the motion from being set forth

Question 17

Is a defendant criminally liable for attempt if his plans never go beyond mere contemplation?

Answer 17

No. A defendant is not criminally liable for attempt if his plans never go beyond mere contemplation.

Question 18

CL: Abandoned crimes - Can D abandon attempted crime?

Answer 18

D CANNOT ABANDON AN ATTEMPTED CRIME

Question 19

MPC: abandoned crimes - Can D abandon an attempted crime?

Answer 19

• Allows a D to abandon an attempt
• Lower threshold than CL of what constitutes as a criminal attempt
• Possibly can incentivize a D in the process of the attempt of a crime to stop their attempts to commit a crime

Question 20

Can D abandon a completed crime?

Answer 20

No
D cannot abandon a completed crime
WHAT IS DONE CANNOT BE UNDONE

Question 21

Assault: CL

Answer 21

• Mens rea – intent to commit battery
• Attempt to commit battery OR
• Intentional subjection of another to a reasonable apprehension of receiving a battery

Question 22

Assault: MPC

Answer 22

• Defines assault as attempting to cause bodily injury or causing bodily injury or attempting to place a person of fear of imminent bodily injury
• Mens – negligently/recklessly or intentionally to cause injury

Question 23

Solicitation

Answer 23

• Involves the asking, enticing, or counselling of another to commit a crime
• Solicitor conceives the criminal idea & furthers its commission via another person by suggestion, inducing or manipulating that person

Question 24

Is D guilty of solicitation if murder does not occur?

Answer 24

Yes

Question 25

Does Solicitation require that the conspiracy be completed?

Answer 25

No. SOLICIATION DOES NOT REQUIRE THAT THE CONSPIRACY BE COMPLETED, JUST BE PROPOSED BY D

Question 26

If solicitee does not agree is it still considered solicitation

Answer 26

Yes

Question 27

what is conspiracy

Answer 27

- A partnership in criminal purposes - A mutual agreement or understanding, express or implied, between 2 or more persons to commit a criminal act or to accomplish a legal act by unlawful means

Question 28

Conspiracy Mens: CL & MPC

Answer 28

intend to commit the crime itself

Question 29

Conspiracy Actus: MPC

Answer 29

An agreement to commit a crime between the parties with an overt act (CL = no overt act).

Question 30

When is conspiracy complete?

Answer 30

Rule is once there is a completed agreement & overt act as well (CL = no overt act)

Question 31

Does conviction of conspiracy merge with completed offense?

Answer 31

No. A D can be convicted and punished for both the conspiracy and the substantive crime

Question 32

Can D be convicted of both solicitation and conspiracy?

Answer 32

No because they merge

Question 33

Conspiracy: Can D be found guilty if one or more D commits an overt act

Answer 33

- Yes - D can be guilty of conspiracy if one or more of the D commits an overt act of the conspiracy

Question 34

What is overt act

Answer 34

-Overt act falls short of coming close to the crime - D has to do something (can be relatively minimal) - D goes to store and buys a gun = overt act for the substantive crime - many jurisdictions require that D commits over act

Question 35

If D communicates that they are not engaging in crime and communicated this clearly to other D are they guilty of conspiracy and substantive crime?

Answer 35

-No - guilty for conspiracy. not guilty for substantive crime

Question 36

Conspiracy withdrawl

Answer 36

Withdrawal = must bean affirmative act communicating that they no longer want to commit the crime

Question 37

Pinkerton rule

Answer 37

makes minor parties in a large conspiracy criminally responsible for many completed offenses over which they had little or no control

Question 38

Solicitation: Actus

Answer 38

asking enticing, counseling someone to commit a crime

Question 39

Solicitation: Mens

Answer 39

intent to form a conspiracy

Question 40

Does what one co-conspirator does connect both conspirators?

Answer 40

- Yes. - Whatever active co-conspirator does, it connects to both parties