Questions and Answers
What are inchoate crimes?
What are the three most common preparatory crimes?
Attempt, solicitation, and conspiracy
What is an attempt in the context of crime?
An act done with the intent to commit a crime, beyond mere preparation, but falling short of its actual commission.
What are the elements of an attempt?
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What does specific intent mean?
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What is an overt act?
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What are the tests for overt act?
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What is the substantial step test?
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What is factual impossibility?
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What is legal impossibility?
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What is abandonment in relation to attempt?
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What are extraneous intervening factors?
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What is solicitation?
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What is renunciation?
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What is conspiracy?
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What is the Wharton rule?
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What is the Pinkerton rule?
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What does the Racketeer Influenced and Corrupt Organization (RICO) statute address?
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What is racketeering?
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Study Notes
Inchoate Crimes
- Refers to crimes that are incomplete or unfinished, indicating a step towards criminal conduct without completion.
Common Preparatory Crimes
- Includes three main types: attempt, solicitation, and conspiracy.
Attempt
- An act performed with the intent to commit a crime that moves beyond mere preparation but does not complete the crime itself.
Elements of Attempt
- Requires the following: specific intent to commit the crime, an overt act toward commission, apparent possibility of commission, and failure to fully execute the crime.
Specific Intent
- The offender demonstrates both the intention to perform the act and the desire to achieve the intended outcome.
Overt Act
- A concrete action that signifies the attempt to commit a crime, serving as a critical element of attempt.
Tests for Overt Act
- Can include several standards: "any" act, substantial step toward the crime, actions beyond mere preparation, and all but the last step (hardest to prove).
Substantial Step Test
- A standard evaluating conduct that provides strong evidence of the defendant's criminal intent, determining if an attempt has occurred.
Factual Impossibility
- Occurs when a defendant's actions toward committing a crime are thwarted by an external factor, rendering the act impossible; this is not a valid defense.
Legal Impossibility
- Arises when a defendant's actions would not be considered a crime if fully executed; this can act as a defense.
Abandonment
- A potential defense if the defendant voluntarily and freely abandons the attempt before executing the crime, without external pressure.
Extraneous Intervening Factors
- Outside elements that lead to the abandonment of criminal attempts, negating the possibility of using abandonment as a defense.
Solicitation
- The offense of enticing or asking another person to engage in illegal conduct for payment.
Renunciation
- The act of voluntarily giving up a right without transferring it to another party; availability as a defense varies by state.
Conspiracy
- Defined as an agreement between at least two individuals to commit a crime, highlighting the collaborative nature of the offense.
Wharton Rule
- States that conspiracy charges cannot be based solely on the agreement of the individuals involved in crimes requiring at least two people (e.g., bigamy).
Pinkerton Rule
- Holds that any co-conspirator is liable for all foreseeable actions taken by co-conspirators during the course of the conspiracy.
RICO Statute
- Addresses organized crime, specifically racketeering activity, and holds individuals accountable for a pattern of criminal activity in coordination with others.
Racketeering
- Defined as an organized scheme to commit extortion or coercion, or attempts to execute these crimes.
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Test your knowledge of preparatory activity offenses with these flashcards covering key concepts in Chapter 4 of criminal law. Learn about inchoate crimes and the elements of attempt, solicitation, and conspiracy. Great for revision and understanding the basics of criminal law.