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To: Seaplaner

Inchoate offenses

Conspiracy: between two or more persons to commit an unlawful act.

+ Common law:
# Does not require an act.

Solicitation: the act of asking someone else to commit a crime

+ Common Law:
# Asking someone to help commit a crime is not solicitation. Only asking someone to do it himself is solicitation.




Conspiracy:

o Common Law: Conspiracy is defined and complete upon the formation of agreement

+ No overt act is required

+ Conspiracy is a separate crime that does not require completion of the agreed upon goal
+ Conspiracy does not merge with the substantive crime and thus both can be charged
+ An out of court statement of a co-conspirator that was made in furtherance of the conspiracy is admissible in court.55
+ Specific intent crime: must have (1) intent to join conspiracy and (2) intent to commit the offense which is the object of the conspiracy. 56


25 posted on 10/17/2006 8:44:24 PM PDT by kcvl
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To: kcvl
Thanks kcvl.

(I had to read it a couple of times.)

26 posted on 10/17/2006 8:59:42 PM PDT by Seaplaner (Never give in. Never give in. Never...except to convictions of honour and good sense. W. Churchill)
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