Attempt

1. Early Stages of Dang. Activity into Crime
2. Elements
   1. Intent 2 Act Which is Crime
      1. Always specif. intent 2 do specif. intent crime
   2. Act in Furtherance of Intent / Perpetration of Target Crime
      1. Not preparatory acts but suff. 2 accomplish target crim
      2. Not det. that was interrupted by police / 3rd party 2 B perp.
      3. Consid. factors of
         1. Proximity
            1. Nearness of D 2 X
            2. Place of V of crime
            3. Nearness 2 compl'ion of target crime
         2. Unequivocal test / clarity of intention from acts
         3. Dang.'ness of crime
         4. Probable desistant / how likely 2 carry through
      4. MPC req's
         1. Subst'l step in course of conduct 4 commission of crime
3. Abandonment
   1. Before
      1. Even if abandon, still compl'ed crime & guilty of attempt
   2. MPC & some states
      1. Vol. abandonment should relieve culpability 2 encourage abandon but not if b/c was about 2 get caught
      2. CA not adopt
4. Defense of Impossibility
   1. Factual Impossibility
      1. No excuse
   2. Legal Impossibility
      1. Excused if attempted 2 do something not illegal
      2. Split 4 middle grounds of legal & factual impossibilities
         1. Older by looking @ act
         2. MPC & CA by focusing on intent
5. Merges w/Lesser Offense (robbery & burglary)

Parties 2 Crime

1. Accomplice Is Not Crime
   1. Intent
      1. Silent sympathizer & just knowing not enough
      2. Need intent 2 assist
      3. Not nec'ly need agmt
   2. Liab.
      1. Vicarious liab. 4 any foreseeable acts of accomplice
      2. Liab. only 4 acts w/in orig. enterprise
2. Categ's
   1. C /L
      1. Princ. in 1st degree / crim. actor
         1. Could B more than 1 main actor
      2. Princ. in 2nd degree / present, aiding, & abetting
      3. Accessory before the fact / orders, counsels, encourages but not present
      4. Accessory after the fact / not involved in crime but helps prevent apprehension, conviction, / punish.
   2. Modern
      1. Accomplice 4 C/L's 1st 3 categ's
      2. Obstruction of justice 4 accessory after fact
3. Convictions
   1. Princ. Then Accomplice
      1. In C/L, can't convict accomplice if princ. acquitted
         1. CA adopts collateral estoppel 2 bar conviction of accomplice
         2. But no bar 2 adm. evid. princ. wasn't guilty if princ. was convicted
      2. Maj. of states allow trial of accomplice even if princ. acquitted

Conspiracy

1. Elements
   1. C /L
      1. Agmt 2 do unlawful act / target crime
         1. Btwn 2 / more people
            1. C /L wanted 2 actual conspirators
            2. MPC ok's 1 conspirator
            3. Wharton rule req's 1 more person than min. # req'ed 4 crime 4 conspiracy
         2. Can B oral, informal / tacit & much looser agmt
         3. Not matter when partic. so long as come 2 agmt
      2. Intent 2 do unlawful act / target crime / further the illegal enterprise
         1. Knowledge of illegal enterprise not enough unless
            1. High stakes in venture
            2. No legit. use 4 goods
            3. Vol. of busi. is grossly disproportionate
   2. Modern
      1. Overt act in furtherance of crime
         1. Not much of reqt
         2. Can B legal prep. acts
2. Conspiracy of Crimes Person Can't Actually Commit (rape, stt'ry)
   1. Can B Convicted
   2. If Stt'ry, See Who Stt. Trying 2 Protect
      1. Protected class can't viol. stt. (M Act)
3. Substantive Crimes & Conspiracy
   1. No Merger
4. Conspirator's Liab.
   1. VL
      1. Pinkerton Rule (fed.) says VL 4 subst. crimes if is part of conspiracy
      2. Most states not follow it
   2. W /draw / Abandon
      1. If w/drew, defense 2 subst. crimes against Pinkerton Rule
      2. MPC req's D 2 thwart success of conspiracy + manifest compl. & vol. renunciation by telling conspirators / police
      3. Ct's gen'ly req. D 2 tell other conspirators
5. Types
   1. Chain Conspiracy
      1. One person does busi. w/2nd person who does busi. w/3rd
      2. Not need 2 know every conspirators in chain 4 conspiracy
   2. Wheel Conspiracy
      1. Gen'ly involve lots of conspiracy b/c operation in middle
6. Trial Tactics
   1. Circ'al Evid. Used 2 Prove Agmt / Intent
   2. Prosec'ors Adv.
      1. Try conspirators together
      2. Try wherever crim'al act committed
      3. Exception 2 hearsay evid.

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Ms. Haeji Hong

January 15, 1998