incohoate crimes Flashcards
(16 cards)
Attempt
1) intent to commit the crime
2) overt act to substantial step
what is an overt act?
should be obvious
if not clear, you pick answer
talking about substantial step
if question says attempted murder, the answer will be about
attempt
Merger
attempt will merge into completed crime and guilty of underlying crime
withdrawl from attempt
you cannot withdrawl from attempt if you have taken some overt act
conspiracy
two or more people have the specific intent to commit the crime
Common law
agreement of two people
MPC conspiracy
unilateral theory of conspiracy (one person on their own and have the specific intent)
co-conspirator rule
a co-conspirator is liable for all crimes committed in furtherance of the conspiracy
what if the crime was not in furtherance?
No i did not know of the other shit
does conspiracy merge?
no
conspiracy- withdrawl
you cannot withdraw from conspiracy
you can withdrawal from other crimes if
you give timely notice to conspirators;
solicitation
encourage, urge, or incite another to commit a ctime
does solicitation merge?
yes– no withdrawal if intent