chapter 5: attempt, solicitation, conspiracy
what are the two elements of a criminal attempt?
1) an intent to commit a specific offense (the target crime) 2) an overt act toward carrying out the target crime (corroborates the persons intent to commit the target crime) i.e. thoughts cannot corroborate a persons intent
under what three circumstances can a person still be convicted of solicitation?
1) even if the solicited person doesn't respond 2) even if the solicited person doesn't agree 3) even if the solicited person doesn't actually commit the offense
attempt
a person attempt to commit a crime; one or more persons
there is no such thing as an attempted _______ because attempting to harm is included within the definition of an ________.
assault; assault
why does the crime of conspiracy have no merger?
because the person convicted will be charged with conspiracy as well as an additional crime
why are inchoate actions criminalized?
discourage people from committing crimes discourage inducing others to commit crimes discourage planning with others to commit crimes
explain how attempt and solicitation merge into the target crime
if an attempt or solicitation results in carrying out the target crime, only the target crime is charged. the attempt or solicitation is not charged.
solicitation
one person asks another person to commit a crime with the intent that the offense be committed; at least two persons
why is attempt, solicitation, and conspiracy considered to be inchoate crimes?
they are undeveloped, in the first stages, and unfinished
conspiracy
two or more persons agree to commit a crime
what is an example of a defense against an attempt charge? give an example of something that would not be considered an attempt.
voluntary abandonment of an attempt is a defense (abandoned effort to commit crime or prevent it from taking place) factual impossibility of the crime is not a defense ; i.e. pick-pocketing someone only to find out that they have no money
when analyzing a criminal scenario, what determines which acts can be charged as crimes?
whether the inchoate act merges with the target crime
