UNIT 3- PRINCIPLES OF ATTEMPTS, SOLICITATION AND CONSPIRACY
In order to be criminally liable for a specific action, several requirements are necessary. This section focuses on uncompleted crimes, tests and elements of attempts. Specifically you should note the following.
1. Distinguishing intent from
motive.
2. Distinguishing between legal and factual impossibility
3. Distinguishing between burden of production and burden of persuasion.
4. Defining and identifying inchoate crimes
5. Explaining the theories of criminal attempt.
6. Understanding of the elements of criminal attempt.
7. Knowledge of the defenses of criminal attempts.
8. Providing arguments supporting or opposing solicitation.
9. Understanding the tests for determining preparation in regards to an attempt.
10. Definition of attempt.
11. Model Penal Code 5.01
12. Elements of Solicitation
13. Special problems associated with solicitation
14. Definition of conspiracy
15. Criteria for conspiracy according to MPC 5.03
16. Elements of conspiracy.
17.Criteria for accomplice according to MPC 2.06.
18. Elements of accomplice and accessory
19. History of the Law of Attempt
20. Four tests for criminal attempt
21. Defenses for criminal attempt
22. The Wharton's Rule
23. The Pinkerton Rule
24. Elements of criminal attempt
25. Wheel and Chain Conspiracies
.Terms and relevant case law
Physical proximity doctrine
Probable desistance approach
People v Kimball
State vs King (293 A.D.2d 815)
State v Thames
Equivocality Approach
Young v State
People v Rizzo
State vs Nesbitt
Renunciation Doctrine
Wheel and Chain Conspiracies
State v Coulversion
State vs Harrell (811 So.2d 1015)
Gainson vs. State (45 S.W.3d 197)