Inchoate Crimes

Question 1

Inchoate

Answer 1

Inchoate means partly or imperfectly formed, or incomplete.

Question 2

Soliciation

Answer 2

Solicitation occurs when one counsels, incites, solicits, or requests another to commit an unlawful act.

Question 3

Attempt

Answer 3

An attempt occurs when criminal intent becomes accompanied by an act which comes within close proximity of committing a crime.

Question 4

Conspiracy

Answer 4

A conspiracy results when two or more persons agree together to accomplish a criminal or unlawful act or to do a lawful act by criminal or unlawful means.

Question 5

Pinkerton’s Rule

Answer 5

Under Pinkerton’s Rule, each member of a conspiracy can be charged with crimes committed by co-conspirators if those crimes were committed in furtherance of the target crime or if they were a natural and probable consequence of the target crime.

Question 6

Wharton’s Rule

Answer 6

Under Wharton’s Rule, when a crime requires the participation of more than one person, (e.g., dueling, bribery, etc.) the perpetrators cannot be charged with conspiracy. However, if there are more perpetrators than the crime, by definition, logically requires, then conspiracy can be charged.