Chapter 7: Attempt, Conspiracy, and Soliciation
Res Ipsa Loquitur
"The thing speaks for itself." A test to attempt that asks whether an ordinary individual observing the acts of another would conclude that the individual intends to commit a crime.
Extraneous Factor
A circumstance that is not created by a defendant that prevents the completion of a criminal act.
Wheel Conspiracy
A conspiracy in which a single individual or individuals serve as a hub that is connected to various individuals or spokes.
Chain Conspiracy
A conspiracy in which individuals are linked in a vertical chain to achieve a criminal objective.
Plurality Requirement
A conspiracy requires an agreement between two or more parties.
Factual Impossibility
A criminal act is prevented from being completed because of an extraneous factor.
Unequivocality Test
A test for attempt that asks whether an ordinary individual observing a person's acts would determine that the person intends to commit a crime.
Solicitation
A written or spoken statement in which an individual intentionally advises, requests, counsels, commands, hires, encourages, or incites another person to commit a crime with the purpose that the other individual commit the crime.
Preparation
Acts taken to prepare for committing a crime.
Physical Proximity Test
An act constituting an attempt must be physically proximate to the completion of the crime.
Inherent Impossibility
An act that is incapable of achieving the desired result.
Wharton's Rule
An agreement by two persons to engage in a criminal act that requires the involvement of two persons cannot constitute a crime.
Conspiracy
An agreement to commit a crime. Various state statutes require an overt act in furtherance of this purpose.
Incomplete Attempt
An individual abandons or is prevented from completing an attempt due to an extraneous or intervening factor.
Complete Attempt
An individual takes every act required to commit a crime and fails to succeed.
Abandonment
An individual who completely and voluntarily renounces his or her criminal purpose is not liable for an attempt. Abandonment as a result of outside or extraneous factors does not constitute a defense.
Gebardi Rule
An individual who is excluded from liability under a criminal statute may not held legally liable as a conspirator to violate the law.
Unilateral
An individual with the intent to enter into a conspiratorial agreement is guilty regardless of the intent of the other party.
Attempt
An intent or purpose to commit a crime, an act or acts toward the commission of a crime, and a failure to commit the crime.
Overt Act
An overt act in furtherance of an agreement is required under most modern conspiracy statutes.
Inchoate Crimes
Attempts, conspiracy, and solicitation. Each requires a specific purpose to accomplish a criminal objective and an act in furtherance of the intent. These offenses are punished to the same extent or to a lesser extent than the target crime.
Last Step Approach
Common law approach to attempt that requires the last step to the completion of a crime.
Criminal Attempt
Compromises an intent or purpose to commit a crime, an act or acts toward the commission of the crime, and a failure to commit the crime.
Objective Approach to Criminal Attempt
Requires an act that is very close to the completion of the crime.
Subjective Approach to Criminal Intent
Requires an act toward the commission of a crime that is sufficient to establish a criminal intent. The act is not required to proximate to the completion of the crime.
Substantial Step Test
The Model Penal Code approach to deter mining attempt. There must be a clear step toward the commission of a crime that is not required to immediately proximate to the crime itself. The act must be committed under circumstances strongly corroborative of an intent to commit a crime.
Legal Impossibility
The defense that an individual's act does not constitute a crime as a matter of law.
Bilateral
There must be an agreement between at least two persons with the intent to achieve a common criminal objective.
