Inchoate Offenses Flashcards
(18 cards)
What are the three inchoate offenses?
- Conspiracy
- Solicitation
- Attempt
What are the elements of conspiracy?
(1) an agreement between 2+ 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
AND MAJORITY (not CL)
(4) An overt act in furtherance of the conspiracy.
What constitutes an overt act for purposes of committing conspiracy? (MAJORITY; not CL)
An overt act (mere preparation will suffice) (e.g., buying the black gloves
Is there criminal conspiracy if the parties do not commit a criminal act?
NO - be careful for that in facts
For the agreement element of conspiracy, must the agreement be express?
No, it can be inferred from joint activity.
For the agreement element of conspiracy, what are the two approaches for when one party is only feigning agreement (e.g., undercover cop)?
Unilateral (MPC): only one party needs to have genuine criminal intent + that party can be convicted of conspiracy
Bilateral (CL): at least two parties need to have genuine criminal intent to be convicted of conspiracy
Is factual impossibility a defense to inchoate crimes?
No.
Is withdrawal from the conspiracy a defense to the crime of conspiracy?
What about to the substantive crimes committed in furtherance of that conspiracy?
No, the conspiracy is complete when agreement + overt act
Yes, it may be.
Which of the inchoate crimes merge and do not merge with their substantive offenses?
Conspiracy = No Merger (can be convicted of both)
Solicitation = Yes Merger
Attempt = Yes Merger
What is solicitation?
- asking, inciting, counseling, advising, urging, or commanding another to commit a crime
- with the intent that the person solicited commit the crime.
To be convicted of solicitation, is it necessary that the person solicited agrees to the crime?
No!
Is it a defense to solicitation if the person solicited is not convicted?
No!
Is it a defense to solicitation if the offense solicited could not in fact have been successful (factual impossibility)?
No!
What is attempt? What are the elements of attempt?
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.
What is specific intent for attempt?
Intent to commit the crime
What is an overt act for attempt purposes?
Must be beyond mere preparation
MPC = a “substantial step” in a course of conduct planned to culminate in the commission of the crime
Is abandonment a defense to attempt at common law or in the MPC?
CL = No
MPC = Yes, only if fully voluntary AND complete abandonment
Is legal impossibility a defense to attempt? (e.g., X attempts to complete what he thinks is a crime but is not)
Yes
