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Inchoate Offenses and Parties Flashcards

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  1. Dan asks Carl to kill Victor, offering him $5,000. Carl refuses. Dan is guilty of:

    Answer: Solicitation

    Solicitation is complete the moment the request is made, regardless of whether the solicited party agrees.

  2. A conspiracy requires which of the following at common law?

    Answer: An agreement between two or more persons to commit an unlawful act

    At common law, conspiracy requires only an agreement between two or more persons to commit an unlawful act; no overt act is required.

  3. Eve tells Frank she wants him to burn down a warehouse. Frank agrees and goes to buy gasoline. Under the MPC, what additional element makes this a conspiracy?

    Answer: An overt act in furtherance of the conspiracy

    The MPC requires an overt act in furtherance of the conspiracy, which Frank's purchase of gasoline would satisfy.

  4. Greg and Helen agree to rob a bank. Greg then decides not to participate and tells Helen before any overt act occurs. At common law, Greg:

    Answer: Is still guilty of conspiracy because the agreement was made

    At common law, withdrawal is not a defense to conspiracy because the crime is complete upon the agreement.

  5. Which doctrine holds that a conspirator is liable for all crimes committed by co-conspirators in furtherance of the conspiracy?

    Answer: Pinkerton doctrine

    The Pinkerton doctrine holds each conspirator vicariously liable for the substantive crimes of co-conspirators committed in furtherance of the conspiracy.

  6. Ian shoots at Jane intending to kill her, but misses. Ian is charged with attempted murder. The best description of attempt is:

    Answer: An inchoate offense requiring a specific intent to commit the target crime and an act beyond mere preparation

    Criminal attempt requires specific intent to commit the target crime and an act that goes beyond mere preparation toward its commission.

  7. Wharton's Rule provides that conspiracy charges cannot be brought when:

    Answer: The target crime by definition requires the participation of two people

    Wharton's Rule bars a conspiracy charge when the target offense necessarily requires the concerted action of two people, such as bigamy or dueling.