Criminal Law: "preparation" Crimes

Front 1

It is a crime to attempt to commit an offense. Person must:

1) Go far enough (substantial step);
2) With intent to commit a crime*

*2 part-test to prove intent

Back 1

Abandonment generally not a defense.

Impossibility of success as defense.

Front 2

2-part intent test for attempt

Back 2

1) Intent to complete conduct constituting the attempted crime; and
2) Any intent necessary for the attempted crime.

Front 3

Impossibility applies ONLY in attempt prosecutions.

Legal impossibility is a defense; factual impossibility is not a defense.

Back 3

If impossible for D to 1) perform conduct she's set out to perform; or 2) cause the result she has set out to cause --> factual, thus no defense.

Front 4

D's intended conduct would not constitute a crime if completed. D thinks it would be a crime because she's mistaken about the law. What type of impossibility and result?

Back 4

Legal; defense.

Front 5

D's intended conduct if completed, wouldn't constitute a crime because one of circumstances is not what's required for the crime. BUT D is mistaken about this circumstance. If circumstance was as D believed it to be, would her intended conduct be a crime?

Back 5

Yes. Traditional rule says it's a factual impossibility and thus no defense.

Minority view would characterize this situation as legal impossibility.

Front 6

Elements of solicitation

Back 6

1) Asking someone to commit an offense;
2) With intent that the person commit an offense.

Even if rejected, still solicitation. Crime is in the asking.

Front 7

Elements of conspiracy

Back 7

1) Entering into an agreement to commit a crime; and
2) With intent that crime be committed.

Modern statutes often require overt act in furtherance by one member

Front 8

Possible defenses to conspiracy?

Back 8

1) Withdrawal doesn't work [appliable only to underlying crime]

2) No "meeting of minds" (acquittal of co-conspirators)

3) Impossibility is not a defense

Front 9

Co-conspirator rule

Back 9

All conspiracy members are guilty of crimes committed by other members if crimes are:

1) Committed in furtherance of scheme; and
2) A foreseeable result of the scheme

Front 10

Effective withdrawal

Back 10

1) Fully communicated to all other conspiracy members; and
2) Before crime is committed.

Front 11

"No Meeting of Guilty Minds" defense

Back 11

D. charged w/conspiracy must be acquitted upon proof ALL other members of alleged conspiracy are acquitted or equivalent*

*Acquittal equivalents include not guilty by reason of insanity; or person didn't intend to go through with crime ("had secret reservations")