Inchoate Crimes; Parties

Question 1

Inchoate Offenses

Attempt

Answer 1

An attempt requires the specific intent to commit a crime and an overt act beyond mere preparation that falls short of completing the crime. Most states require a substantial step toward completion of the crime.

The CL test is the “dangerous proximity” test, meaning you must have completed every step of the crime, but get stopped short before the crime is completed.

Question 2

Inchoate Offenses

Conspiracy

Answer 2

A conspiracy consists of an agreement between two or more persons to accomplish a criminal objective with the intent to enter into the agreement and with the intent to commit the criminal objective (the MPC also requires that an overt act be committed in furtherance of the criminal objective).

MPC IS UNILATERAL APPROACH. COMMON LAW IS BILATERAL APPROACH.

A corporation and a person cannot be charged with conspiring together.

Question 3

Inchoate Offenses

Solicitation

Answer 3

Solicitation consists of asking another person to commit or join in the commission of a crime with the specific intent to commit that criminal act, regardless of whether the latter agrees.

Specific Intent Crime

Question 4

Parties to a Crime

Accomplice Liability

Answer 4

A person is an accomplice in the commission of an offense if he intentionally assists in the crime and acts with the purpose of promoting or facilitating the commission of the offense. Mere knowledge that another person intends to commit a crime is not enough to make a person an accomplice.

Both the principal and the accomplice will be liable for the main crime.

A conviction for accomplice liability requires not only proof that an accomplice aided a principal’s crime but also proof that the accomplice acted with a culpable mental state.

Question 5

Parties to a Crime

Accessories

Answer 5

An accessory before the fact assists, helps, or instructs the principal to commit the crime beforehand. An accessory after the fact is a person that has knowledge of another person’s guilt and intentionally tries to help them avoid arrest or conviction.

Accessory before the fact is guilty to the same extent as the principal, whereas an accessory after the fact will not be charged with the full crime of the principal.