Crim Law - Inchoate & Party Liability

A D cannot be convicted of two crimes when the two crimes merge into one

• 1) Attempt -- The crime attempt merges into the completed crime. 
• 2) Solicitation -- The crime of solicitation merges into the completed solicited crime.
• 3) Conspiracy -- Does NOT merge.

• 1) Enticing, encouraging, or advising of another person
• 2) To commit a crime
• 3) w/ the intent that that person commit the crime

Voluntary Renunciation -- A D may raise the defense of VR if he renounces the solicitation by thwarting the commission of the solicited crime.

CL -- A person is guilty of a conspiracy if there is an agreement b/w two or more people to accomplish an unlawful act

Modern/Federal/Majority -- CL rule + overt act

Unilateral Conspiracy (minority/MPC) -- Only the D, who has actually been charged, must have the intent to commit the unlawful act. 

Scope (Pinkerton Rule) -- A conspirator and any co-conspirator is liable for any substantive crime committed in furtherance of a conspiracy

CL -- Impossible to withdraw from conspiracy

Federal/Majority -- A conspirator may withdraw from a conspiracy if they communicate to all other co-conspirators their intention to withdraw from the conspiracy OR informing law enforcement BEFORE any overt act has been committed

Minority/MPC -- A conspirator may even withdraw AFTER an overt act if the D helps to thwart the success of the conspiracy.

• 1) A substantial step toward the commission of a crime
• 2) Beyond mere preparation
• 3) w/ the specific intent to commit the crime

• Factual Impossibility = NOT a defense
• Legal Impossibility = IS a defense
• Abandonment is NOT a defense after the commission of a substantial step (CL)

A person is liable as an accomplice if:

• 1) Aids or abets a principal 
• 2) Prior to or during the crime
• 3) w/ the intent for a crime to be committed 

Scope -- Accomplice is liable for the crime itself AND all natural and probable consequences of the crime

An accomplice may w/ withdraw if:

• 1) Repudiates prior aid;
• 2) Revokes prior assistance or timely notifies legal authorities; AND
• 3) Must do so before chain of events set in motion and unstoppable

An accessory after the fact is:

• 1) One who aids a felon
• 2) to avoid apprehension
• 3) after the felony was committed
• 4) Knowing that the felony was actually committed

SCOPE -- A person is for a SEPARATE CRIME. (either obstruction or harboring a fugitive). Not guilty of the underlying felony.