Professional Documents
Culture Documents
CRIMES
Substantive
Conspiracy
• Complete at • Complete upon crime
asking • Complete upon intent to commit • Complete when
formation of underlying crime all elements
agreement + substantial satisfied
step
Solicitation Attempt
INCHOATE CRIMES—COMPLETION OF CRIME NOT
NECESSARY JUST STARTING
CONSPIRACY, ATTEMPT, SOLICITATION
Solicitation:
With specific intent, a person
Encourages, solicits, incites, entices, advises, induces, urges,
requests, commands or otherwise causes another person to engage in
criminal conduct
Intent Element
Solicitor must intend that the solicitee perform the criminal act
It is no defense that the person solicited refused to commit the
crime, lacked capacity or withdrew
Offense is complete at time of solicitation (of the encouragement or
request), even if the target act is never completed
No express agreement is required for the crime of solicitation
CONSPIRACY—HAS A PLURALITY REQUIREMENT
SEPARATE & DISTINCT CRIME
Hybrid
Hybrid
Impossibility:
Impossibility:
Factual Def’s
Def’s goal/end
goal/end is is
Factual Pure
Impossibility
Impossibility Pure Legal
Legal illegal
illegal but
but
Impossibility
Impossibility commission
commission of of
•• Def.
Def. intended
intended to to •• when offense was
achieve
achieve end
end when the
the offense was
criminal impossible
impossible duedue to
(crime)
(crime) but
but fails
fails criminal law
law does
does to
not factual mistake
to accomplish
to accomplish not prohibit the
prohibit the factual mistake
conduct regarding
regarding thethe legal
because
because of
of aa conduct or
or result;
result; legal
actor status of some
factual
factual actor engages
engages inin status of some
conduct he factor
factor relevant
relevant toto
circumstance
circumstance conduct he
believes her
her conduct (had
conduct
unknown
unknown oror believes is
is (had
criminal the
the facts
facts been
been as
beyond
beyond her
her criminal but
but it’s
it’s as
not the def. believed
control
control not prohibited by
prohibited by the def. believed
law them
them to
to be,
be, aa crime
crime
law
would
would have been
have been
committed)
committed)
A criminal told his girlfriend that he was planning to rob a local
liquor store and would give her a third of the proceeds from the
robbery is she agreed to drive the getaway car. The girlfriend
agreed and following the robbery, drove the criminal away from
the scene of the crime. Subsequently, the police arrested the
criminal for the robbery and he made a constitutionally valid
confession, implicating the girlfriend.
With which, if any of the following crimes may be girlfriend be
property charged?
(A) Robbery only
(B) Conspiracy only
(C) Both robbery and conspiracy
(D) Neither robbery nor conspiracy
A husband and his business partner owned a large technology
company together. After a personally tumultuous but professionally
successful decade working together, the husband discovered that the
business partner had been fraudulently transferring company funds to
the business partner’s personal account for years. Before he
confronted his business partner about this, he called his own wife to
tell her what he had learned. His wife reminded him that the
company had a $2 million insurance policy on the business partner.
The couple formed a plan to murder the business partner for the
insurance proceeds when he was alone in the office building. On the
day that they planned to carry out the murder, the husband told the
business partner that he had to leave early and asked the business
partner to stay late to finish up a presentation. He knew that by doing
so, the business partner would be alone in the office. Later than night,
the wife went in and shot the business partner. She then panicked and
fled the country. The husband was later charged with the murder and
conspiracy to commit the murder, but the wife was never
apprehended. The jurisdiction recognizes the majority rule regarding
conspirator liability.
Is the husband likely to be found guilty of conspiracy and murder?
(A) No, because the daughter did not actually steal the
vase
(B) No, because the mother renounced the crime by
calling the daughter and telling her not to steal the
vase
(C) Yes, because the mother encouraged her daughter to
steal the antique vase
(D) Yes, because the mother took a substantial step
towards committing the crime by buying a cheap
replica of the vase