SOLICITATION

Question 1

common law mens rea

Answer 1

intent to perform the acts constituting the solicitation and

defendant must intend forthe person they are soliciting to commit the crime

Question 2

merger

Answer 2

solicitatin merges with crime or attempted crime if the person being solicited agrees, does or attmepts to commit the crime

example: person would be guilty of the crime he asked someone to do if it is carried out or if the ohter person agrees it will merge iwth conspiracy

stands on its own only when person refuses

Question 3

communication received?

Answer 3

CL: requires communication to be received by solicitant

MPC: communication does not have to reach solicitant

Question 4

State v Cotton

Answer 4

soliciting from jail

Question 5

MPC mens rea

Answer 5

acts wtih purpose to promote or facilitate the commission of the crime

Question 6

renunciation?

Answer 6

CL- no

MPC- yes have to talk someon out of crime, prevent from occurring

Question 7

MPC actus reus

Answer 7

broader than CL - includes asking soemone to do anything that would make them complicit in crime, not confined to asking them to do crime or attempt