Podcast
Questions and Answers
What is an inchoate offense?
What is an inchoate offense?
- A crime committed by accident
- A crime committed without intent
- A crime that requires actual harm to be done
- A crime of preparing to commit another crime (correct)
What is the most common inchoate offense?
What is the most common inchoate offense?
- Facilitation
- Misprision of felony
- Solicitation
- Conspiracy (correct)
What mens rea is required for inchoate offenses?
What mens rea is required for inchoate offenses?
- Malice aforethought
- Strict liability
- Negligence
- Recklessness or intent (correct)
Can specific intent be inferred from circumstances in inchoate offenses?
Can specific intent be inferred from circumstances in inchoate offenses?
What is the doctrine of merger?
What is the doctrine of merger?
Is impossibility a defense to the crime of attempt?
Is impossibility a defense to the crime of attempt?
Can abandonment be used as a defense to inchoate offenses?
Can abandonment be used as a defense to inchoate offenses?
What is the scholarly treatment of burglaries in American law as inchoate crimes?
What is the scholarly treatment of burglaries in American law as inchoate crimes?
What creates an inchoate crime of burglary?
What creates an inchoate crime of burglary?
Flashcards
Inchoate Offenses
Inchoate Offenses
A crime that involves preparing to commit another crime, but the crime itself hasn't been fully committed yet.
What's the most common Inchoate offense?
What's the most common Inchoate offense?
The most common type of inchoate offense, involving an agreement between two or more people to commit an illegal act.
Mens Rea for Inchoate Offenses
Mens Rea for Inchoate Offenses
The mental state required for inchoate offenses. It can be either recklessness (knowing the risk of causing harm) or intent (specifically intending to commit the crime).
Can specific intent be inferred?
Can specific intent be inferred?
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Doctrine of Merger
Doctrine of Merger
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Is Impossibility a defense to Attempt?
Is Impossibility a defense to Attempt?
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Can Abandonment be a Defense?
Can Abandonment be a Defense?
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Burglaries as Inchoate Crimes
Burglaries as Inchoate Crimes
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What creates an inchoate crime of burglary?
What creates an inchoate crime of burglary?
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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.
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Description
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