Inchoate Offenses** Flashcards
(24 cards)
Inchoate meaning
Incomplete
Conspiracy Elements
1) Agreement
2) Intent to enter into the agreement
3) intent to pursue to achieve the unlawful objective or lawful objective through criminal means
Unlike common law, most states require overt act, but an act of mere preperation will suffice
Agreement requirement (conspiracy)
Parties must agree to accomplish the same objective by mutual action. May be inferred from joint activity.
Two party requirement differs by state:
1) unilateral
2) Common law
Unilateral approach (conspiracy agreement requirement)
Only one party must have criminal intent. T/f cop and criminal can conspire.
Traditional Approach (conspiracy agreement requirement)
At least two parties must have criminal intent
Metnal state - specific intent (conspiracy)
1) intent to agree and
2) intent to achieve the objective of the conspiracyO
Overt act (conspiracy)
Common law: not required
Modern rule (majority): required by most states. Mere preperation is sufficient.
Termination of conspiracy
Usually terminates upon completion of the wrongful objective.
Liability for co-conspirators crimes
May be held liability if the crimes
1) were committed in furtherance of hte objectives of the conspiracy and
2) Were forseeable
Conspiracy Defense
Withdrawl
Factual impossibility (conspiracy defense)
NOT a defense
Withdrawl (conspiracy defense)
Generally NOT a defense b/c its complete as soon as agreement is made and an act in furtherance is performed.
BUT May be a defense to crimes committed in furthermance of the conspiracy.
Effective when conspirator perfroms affirmative act that notifies ALL cosonpirators of withdrawl in time for them to abandon plans
Conspiracy Merger
No merger. Seperate crimes.
Solicitation Elements
1) asking someone elese to commit a crime
2) with the intent that the person solicited commit the crime
Agreement by the solicited person isn’t necessary.
Solicitation Merger
Merges with other inchoate and the crime itself.
(thus can become conspiracy if hte person agrees)
Attempt Elements
1) SPECIFIC INTENT TO COMMIT THE TARGETED OFFENSE plus
2) an overt act in furtherance of the crime
NOTE: If main crime requires just negligence/recklessness, negligence/recklessness ISN”T ADEQUATE to establish the attempted crime.
Intent (Attempt)
Always requires a specifc intent (to commit the crime)
Overt act (attempt)
An act beyond mere preperation.
Traditional/Proximity test: Dangerously close to completion
Modern/Majority Test: Substantial step in course of conduct
Attempt Defenses
1) Abandonment
2) Legal impossibility
Abandonment (Attempt Defense)
Common law: not a defense
MPC: Must be a fully volunatry and complete abandonment
Legal Impossibility (Attempt Defense)
Even if I did everything I planned to do, it still wouldn’t be illegal. I just thought it was a crime)
(rarely comes up)
Factual Impossibility (Attempt Defense)
NOT a defense
Prosecution for attempt
D charged only with completed crime: may be found guilty of complete crime or attempt
D charged only with attempt: may not be convicted of the completed crime
Protected classes and conspiracies
Protected class (class a statute is meant to protect) cannot be party to conspiracy.
