Crimlaw Rules 9

Card Set Information

Author:
woof686
ID:
26479
Filename:
Crimlaw Rules 9
Updated:
2010-07-12 16:31:29
Tags:
Inchoate Crimes
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Description:
Inchoate crimes
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  1. Solicitation
    Enticing, ecouraging, or advising of another to commit a crime with intent that the crime actually be committed.
  2. Defense to solicitation
    None at common law

    In NY renunciation is defense if:

    • voluntary and complete
    • defendent successfully prevented the commission of the crime.
  3. Conspiracy
    Agreement btwn two or more persons to accomplish unlawful purpose with intent to accomplish the purpose, plus the performance of an overt act in furtherance of the agreement.

    SPECIFIC INTENT crime

    NY allows for unilateral conspiracies if all co-conspirators are acquitted, ruled incompetent, or otherwise absolved.

    Common law doesn't require this.
  4. Defense against charge of conspiracy: withdrawal
    Federal rule: withdrawal possible btwn date of agreement and the commission of the over act, requiring notice to co-conspirators or police

    NY rule: defendant must prove a substantial effort to prevent the commission of the conspiratorial plan.
  5. Attempt
    Specific intent to commit a crime + substantial step toward committing the crime.

    Substantial step:

    • lying in wait
    • unlawful entry
    • enticing intended victim to go to planned place of crime
    • possession of materials designed for committing the crime
    • etc.

    Impossibility NOT a defense.

    Abandonment NOT a defense
  6. Merger
    Common law: solicitation and attempt merge into the crime, conspiracy does not.

    NY law: only attempt merges

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