Inchoate Offenses

Question 1

Conspiracy

Answer 1

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. (The object of the conspiracy must be criminal or the achievement of the lawful object by criminal means.)

• Majority Rule: Agreement + Overt Act (any act of mere preparation will suffice)
• Minority / Common law Rule: Agreement only
• No Merger = Can be convicted of conspiring and committing crime (Ex: Robbery & Conspiracy to commit robbery)
• Agreement need not be express - Intent can be inferred from conduct

Question 2

Agreement (Conspiracy) (2 Approaches)

Answer 2

Bilateral Approach (Traditional Rule): At least 2 parties must have criminal intent
* If one person was faking it, the other person cannot be guiltly of conspiracy

Unilateral Approach (MPC): Only 1 party must have criminal intent

Question 3

Conspiracy Defenses

Answer 3

• Factual Impossibility = Not a defense to conspiracy
• Withdrawal = Can never relieve D’s from liability for conspiracy itself

Question 4

Solicitation

Answer 4

Asking another person to commit a crime, with intent that person will commit it
* Common Law: Person solicited does not need to agree to commit the crime
* If person solicited agrees = Solicitation merges into crime of conspiracy
* Factual impossibility is no defense

Question 5

Attempt

Answer 5

Act done with intent to commit a crime, that falls short of completing it
* Specific Intent + Overt Act in furtherance of the crime (substantial step, not mere preparation)