Inchoate Offenses

Question 1

Inchoate Offenses defined

Answer 1

a step toward the commission of another crime, w/ the step serious enough to merit punishment
ie. attempted murder, attempted rape

“incomplete crime”-however attempt is actual crime even if object has not been obtained
ie. attempts, solicitation, conspiracy

Question 2

Criminal Attempt

Answer 2

overt act done w/ specific intent to commit a crime but falls short of completing crime
all attempts are specific intent offenses

Question 3

Overt Act

Answer 3

-outward act, however innocent in itself, done in furtherance of the attempted crime

Question 4

Why punish attempts?

Answer 4

1. just desserts
2. crime prevention
3. incapacitation
4. equal protection and fairness

Question 5

Mens rea for Inchoate Offenses

Answer 5

-attempt: to try; implies an effort to bring about desire outcome
-all require specific intent to commit that particular offense

Question 6

Failure of proof defense for attempted murder of specific intent

Answer 6

Voluntary intoxication

Question 7

Actus Reus for Attempt

Answer 7

MPC TEST-substantial step

Question 8

Substantial Step Test

Answer 8

factual impossibility not a defense
-overt act that is strongly corrobarative of the firmness of the actor’s crim intent.
-need not be the last act
-D may satisfy even if crime impossible to complete (GUN is inoperable)

Question 9

Examples of Sub. Steps

Answer 9

1. lying in wait
2. reconnoitering (scoping/surveying)
3. unlawful entering structure/vehicle
4. possessing specially design materials to be used
5. soliciting another to commit a crime

Question 10

Special Defenses

Answer 10

attempts and impossibility

Not a defense: factual impossibility and legal impossibility hybrid form

A defense: legal impossibility pure

Question 11

Factual impossibility

Answer 11

an actor’s intended and constitutes a crime, but he fails to consummate the offense because of the factual realities of an att. circumstances beyond his control

ie-pickpocketing an empty pocket

rare exception: target offense is inherently factually impossible (sink ship w/ water pistol)

Question 12

Legal impossibility (hybrid)

Answer 12

not a defense
-actor’s goal is illegal but committing the offense is impossible due to a factual mistake (not misunderstanding of law) regarding the legal status of an att. circumstance that constitutes an element of the charged offense

ie-receives unstolen property, believing it was stolen

Question 13

Legal Impossibility (pure form)

Answer 13

defense
1. law does not prohibit an actor’s conduct or desired result (person performs a lawful act w/ a guilty conscience) OR,
2. actor’s conduct is prohibited but can’t legally constitute the offense charged

ie-man touches breast, believing rape, but can’t be charged w/ attempted rape

*legal imposs. can operate as a defense only in circumstances where D would NOT be guilty of the target offense even if the facts had actually been as her believed them to be

Question 14

HYPO: breaks into safe, but safe is empty

Answer 14

factual attempt impossibility

Question 15

HYPO: steps on freshly cut grass, thinking it is illegal

Answer 15

legal impossibility

Question 16

HYPO: marries woman thinking she was married already

Answer 16

hybrid legal impossibility

Question 17

HYPO: duck hunting out of season and shoots a goose not a duck

Answer 17

factual impossibility

Question 18

HYPO: murder an imaginary person

Answer 18

inherently factually impossible

Question 19

Abandonment

Answer 19

-an aff. defense: must be voluntary and complete
-voluntariness must be a result of repentance and requires genuine change of heart
-not complete if actor postpones crime for a better opportunity

Question 20

Solicitation

Answer 20

a person invites, requests, commands, hires, or encourages another to engage in a felony or another specified crime

-solicitor active not passive
-crime solicited doesn’t have to be completed
-specific intent: D must intentionally invite, request D

Question 21

Solicitation under C/L v. MPC

Answer 21

C/L: uncommunicated solicitation is not solicitation
MPC: uncommunicated solicitation can constitute solicitation

Question 22

Conspiracy (C/L)

Answer 22

agreement between 2 or more persons to commit an unlawful act or to accomplish a lawful act by unlawful means

under C/L need 2 or more people

Question 23

Conspiracy (MPC)

Answer 23

no overt act required to commit 1st or 2nd degree felony
act must occur after the agreement
MPC can be just 1 person (unilateral)

Question 24

Conspiracy Generally

Answer 24

-agreement externalized
-shared intent by 2 or more people or 1 if MPC
-doesn’t need to be expressed in a particular manner
-all parties to conspiracy need not be aware or agree to all aspects of the agreement

-object of conspiracy needed-unlawful act or series of to accomplish act by unlawful means

-punishment-can be separately punished or merged together

Question 25

HYPO: bank robbery occurs; 3 decided to rob the bank but only 2 did the act, who is guilty?

Answer 25

all three

Question 26

Mens rea for crim attempt? (review)

Answer 26

specific attempt to commit offense

Question 27

actus reus for crim attempt? (review)

Answer 27

overt act

Question 28

MPC Test for overt act? (review)

Answer 28

Substantial step test: overt act that is firmly corroborative of D's crim. intent

Question 29

Impossibility defense for crim attempt? (review)

Answer 29

legal impossibility NOT HYBRID OR FACTUAL

Question 30

When can you use the abandonment defense? (review)

Answer 30

when voluntary and complete

Question 31

Requirements for conspiracy under C/L? (review)

Answer 31

-agreement by 2 or more -overt act in furtherance of conspiracy