Criminal Law: Inchoate Crimes & Accomplice Liability

What is the required mens rea for criminal attempt?

The specific intent to commit the target offense, regardless of whether the target offense itself is a specific intent, general intent, or strict liability crime.

Under the Model Penal Code, what is the actus reus test for attempt?

The defendant must take a 'substantial step' that is strongly corroborative of the actor's criminal purpose.

What is the difference between factual and legal impossibility in attempt?

Factual impossibility (circumstances prevent completion) is not a defense to attempt. Legal impossibility (the intended act is not actually a crime) is a valid defense.

Under the MPC, when is abandonment a valid defense to criminal attempt?

Abandonment is a defense only if it is a complete and voluntary renunciation of criminal purpose, not motivated by an increased risk of detection or unexpected difficulty.

What are the basic elements of common law conspiracy?

An agreement between two or more persons to commit an unlawful act, accompanied by the specific intent to achieve the objective of the agreement.

Does a conspiracy require an overt act to be punishable?

At common law, no overt act was required. Under modern statutes and the MPC, an overt act in furtherance of the conspiracy is usually required.

What is the Pinkerton doctrine in conspiracy law?

A conspirator is criminally liable for all substantive crimes committed by co-conspirators that are foreseeable and in furtherance of the conspiracy.

What is Wharton's Rule regarding conspiracy?

An agreement between two people to commit a crime cannot be prosecuted as a conspiracy if the target crime logically requires two people to commit it (e.g., dueling, adultery).

How does the MPC approach to conspiracy differ from the common law regarding the number of guilty parties?

The MPC adopts a 'unilateral' approach, allowing conviction even if the other party feigned agreement (e.g., an undercover cop), whereas common law requires a 'bilateral' genuine agreement.

How does withdrawal affect a defendant's liability for conspiracy and subsequent crimes?

Withdrawal does not erase the conspiracy charge itself, but an effective withdrawal (communicated to all co-conspirators in time) cuts off Pinkerton liability for future substantive crimes.