Crim Law: Inchoate Offenses Flashcards Preview

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Flashcards in Crim Law: Inchoate Offenses Deck (12)
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1
Q

Inchoate offenses

A

Solicitation, conspiracy, and attempt are specific intent crimes with the goal of committing some target crime. They cannot be committed through negligence or recklessness (one does not negligently or recklessly conspire)

2
Q

Solicitation

A

AR: Asking or encouraging someone to commit a crime.
MR: With Intent that they commit the crime
Liability: Solicitation is complete once words spoke.
Solicitation merges into completed target offense.
Impossibility is NO Defense.

3
Q

Conspiracy

A

AR: Agreement to commit unlawful act(s)
MR: Intent to achieve the object of the agreement
Majority (NOT CL): Overt act, however minor, in furtherance or conspiracy

4
Q

Conspiracy: Unilateral v. Bilateral

A

Unilateral(minority/MPC): Only one party must have intent to achieve target objective (other is undercover cop).
Bilateral (majority/CL): Both parties to agreement must have intent to achieve target objective (both have to be criminals).

5
Q

Conspiracy Liability:

A

Conspirators may be liable for:

  1. Conspiracy
  2. Completed target crime (no merger), AND
  3. All foreseeable crimes by co-conspirators in furtherance of conspiracy.
6
Q

Elinor and Marianne agree to rob a bank with fake guns. Elinor hides a real gun in her purse and shoots dead a guard during the robbery. What crimes are Marianne liable for?

A

All of them. Conspiracy, Armed Robbery, Murder.

7
Q

Withdrawal

A

Common Law: voluntarily withdrawing + notifying co-conspirators in time for them to abandon plans:
a) NOT a defense against conspiracy itself.
b)NOT defense against completed crimes of co-conspirators.
c) IS a Defense against further crimes of co-conspirators.
MPC: voluntarily withdrawing + thwarting success of conspiracy is defense against conspiracy itself.
Impossibility is no defense.

8
Q

Attempt

A
AR: CL- dangerous proximity toward completion of crime.
MPC - substantial step beyond mere preparation, toward completion of crime.
MR: Intent to commit a crime
Liability: 
a. Merges into completed target offense
b. Impossibility:
1. Factual NOT a defense
2. Legal IS a defense.
9
Q

Elinor buys poison and hides it under pillow. Plans on putting it in Marianne’s tea the next day. Is there attempt?

A

CL: NO– not close enough
MPC: YES– substantial step by buying poison

10
Q

Elinor poisons Marianne’s tea with intent to kill her. Succeeds. Is there attempt?

A

NO– merges with murder

11
Q

Elinor tries to poison Marianne’s tea but mistakenly uses sugar. Is there attempt?

A

Yes– there is attempt because factual impossibility is NOT a defense

12
Q

Elinor kills a rabbit in her garden, thinking it is a crime (thought it is not). Is there attempt?

A

No there is no attempt because of legal impossibility.