INCHOATE OFFENSES

Question 1

CONSPIRACY

Answer 1

A conspiracy requires (1) an agreement between two or more persons; (2) an
intent to enter into the agreement; and (3) an intent by at least two persons to achieve the objective of the agreement.

Question 2

Liability for Co-Conspirators’ Crimes

Answer 2

A conspirator may be held liable for crimes committed by other
conspirators if the crimes (1) were committed in furtherance of the
objectives of the conspiracy and (2) were foreseeable.

Question 3

SOLICITATION

Answer 3

Solicitation consists of asking, inciting, counseling, advising, urging,
or commanding another to commit a crime, with the intent that the person solicited commit the crime. It is not necessary that the person solicited agree to commit the crime.

Question 4

Attempt

Answer 4

Attempt is an act, done with intent to commit a crime, that falls short
of completing the crime. Attempt requires (1) specific intent plus (2) an
overt act in furtherance of the crime.

Question 5

Attempt Intent Meaning

Answer 5

To be guilty of attempt, the defendant must intend to perform an
act and obtain a result that, if achieved, would constitute a crime.
Regardless of the intent necessary for the completed offense, an
attempt always requires a specific intent (that is, the intent to commit
the crime).

Question 6

Attempt Overt Act

Answer 6

The defendant must commit an act beyond mere preparation for
the offense. Traditionally, most courts followed the “proximity” test,
which requires that the act be “dangerously close” to successful
completion of the crime