Quick Conspiracy/Incohate Offense Question

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bajablast

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Quick Conspiracy/Incohate Offense Question

Post by bajablast » Mon Sep 28, 2020 9:15 pm

Barbri's submit a substantive study question button is broken lmao, so I hope TLS can help me out with this one.....

Since conspiracy is its own separate crime (i.e. a defendant can be charged with conspiracy and murder, as opposed to attempt or solicitation which merges into the underlying offense), can a defendant be charged with conspiracy and attempt/solicitation? For example, if co-conspirators were in agreement to murder someone but were not able to successfully execute the murder, could they be charged with conspiracy and attempted murder?

Joachim2017

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Re: Quick Conspiracy/Incohate Offense Question

Post by Joachim2017 » Mon Sep 28, 2020 9:49 pm

bajablast wrote:
Mon Sep 28, 2020 9:15 pm
Barbri's submit a substantive study question button is broken lmao, so I hope TLS can help me out with this one.....

Since conspiracy is its own separate crime (i.e. a defendant can be charged with conspiracy and murder, as opposed to attempt or solicitation which merges into the underlying offense), can a defendant be charged with conspiracy and attempt/solicitation? For example, if co-conspirators were in agreement to murder someone but were not able to successfully execute the murder, could they be charged with conspiracy and attempted murder?

I *think* the answer is yes because the act requirements for the two are distinct. But you should double check that somehow.

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bajablast

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Re: Quick Conspiracy/Incohate Offense Question

Post by bajablast » Tue Sep 29, 2020 2:24 pm

Joachim2017 wrote:
Mon Sep 28, 2020 9:49 pm
bajablast wrote:
Mon Sep 28, 2020 9:15 pm
Barbri's submit a substantive study question button is broken lmao, so I hope TLS can help me out with this one.....

Since conspiracy is its own separate crime (i.e. a defendant can be charged with conspiracy and murder, as opposed to attempt or solicitation which merges into the underlying offense), can a defendant be charged with conspiracy and attempt/solicitation? For example, if co-conspirators were in agreement to murder someone but were not able to successfully execute the murder, could they be charged with conspiracy and attempted murder?

I *think* the answer is yes because the act requirements for the two are distinct. But you should double check that somehow.
For any other poor souls out there wondering this, it seems to be that yes you can. "An individual may be guilty of both conspiring with others to commit an offense and of attempting to commit the same offense, either himself or through his confederates." - top of page 17, https://fas.org/sgp/crs/misc/R41223.pdf

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SilvermanBarPrep

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Re: Quick Conspiracy/Incohate Offense Question

Post by SilvermanBarPrep » Thu Oct 01, 2020 2:05 pm

Conspiracy doesn't merge with the completed crime so if two or more people agree to commit a crime and then come dangerously close to committing it (so that it constitutes an attempt) then there can be a charge both for the agreement (the conspiracy) and the crime (the attempt). Solicitation as well though you'd just want to ensure that there were sufficient facts to distinguish the solicitation from the conspiracy.

Sean (Silverman Bar Exam Tutoring)

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