9 Questions
What is an inchoate offense?
A crime of preparing to commit another crime
What is the most common inchoate offense?
Conspiracy
What mens rea is required for inchoate offenses?
Recklessness or intent
Can specific intent be inferred from circumstances in inchoate offenses?
Yes, specific intent may be inferred from circumstances
What is the doctrine of merger?
The merging of an inchoate offense with the completed crime
Is impossibility a defense to the crime of attempt?
It depends on the circumstances creating the impossibility
Can abandonment be used as a defense to inchoate offenses?
Yes, abandonment can be used as an affirmative defense to inchoate offenses
What is the scholarly treatment of burglaries in American law as inchoate crimes?
Burglaries are considered inchoate crimes in American law by some scholars
What creates an inchoate crime of burglary?
Possession of burglary tools
Study Notes
Crime of Preparing for Another Crime: Summary
- Inchoate offenses are crimes of preparing to commit another crime.
- The most common inchoate offense is "attempt."
- Inchoate offenses require the mens rea of intent or recklessness.
- Specific intent may be inferred from circumstances.
- The doctrine of merger has been abandoned in many jurisdictions in cases involving a conspiracy.
- Impossibility is not a defense to the crime of attempt where the conditions creating the impossibility are unknown to the actor.
- Abandonment can be used as an affirmative defense to inchoate offenses.
- There is some scholarly treatment of burglaries in American law as inchoate crimes.
- Possession of burglary tools creates an inchoate crime.
- Examples of inchoate offenses include conspiracy, solicitation, facilitation, misprision of felony, organized crime, RICO, and attempt.
- Inchoate offenses are conduct deemed criminal without actual harm being done.
- Inchoate offenses require the specific intent to commit the underlying crime.
Do you know what an inchoate offense is? Test your knowledge with this quiz on the crime of preparing for another crime. From the most common inchoate offense of "attempt" to the doctrine of merger and the use of abandonment as a defense, this quiz covers key concepts and examples of inchoate offenses. See if you can identify the mens rea required and understand the circumstances that may infer specific intent. Take the quiz now to see how well you know the ins and outs of
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