Exam 2 - Topic: Inchoate Crimes

What are inchoate crimes?

Incomplete or preparatory crimes that involve steps toward committing an offense but may not result in its completion.

What are the three types of inchoate crimes?

Solicitation, conspiracy, and attempt.

What is solicitation in criminal law?

Trying to convince someone else to commit a crime.

What is the mandatory element of solicitation?

Intent to have the crime committed.

Does the crime need to be completed for someone to be guilty of solicitation?

No, the act of solicitation itself is punishable.

What are the penalties for solicitation?

Half the fine and incarceration of the completed crime.

What is an example of solicitation?

Offering money to another person to commit a crime, such as hiring a hitman or soliciting prostitution.

What is conspiracy in criminal law?

An agreement between two or more people to commit a crime.

What are the four mandatory elements of conspiracy?

• Agreement

• Between two or more parties

• Intent to commit a crime

• An act in furtherance of the conspiracy (in most jurisdictions).

Do co-conspirators need to actually commit the crime to be guilty of conspiracy?

No, the agreement and an overt act in furtherance are sufficient.

How are co-conspirators held responsible?

They are equally liable for the crime, even if they did not personally commit it.

What are the penalties for conspiracy?

Punishment is usually 1-2 degrees lesser than the completed crime.

What is an attempt in criminal law?

Taking substantial steps toward committing a crime but failing to complete it.

What are the three elements required to prove an attempt?

• Intent to commit a specific crime

• A substantial step toward committing the crime

• Failure to complete the crime

What is the penalty for an attempted crime?

Usually the same as the completed crime.

Can a person still be convicted of attempt if they voluntarily abandon their plan?

In some jurisdictions, voluntary abandonment may be a defense, but in others, taking substantial steps toward the crime is enough for conviction.

Who is the principal in a crime?

The person who commits the crime and is fully liable.

Who is considered an accomplice in a crime?

Someone who assists in committing the crime and is present at the scene.

What is the role of an accessory before the fact?

A person who helps plan the crime but is not present at the crime scene.

How is an accessory after the fact different from an accomplice?

An accessory after the fact helps the criminal evade justice after the crime has been committed and typically faces a lesser penalty.