Explore the legal terms and concepts related to Preliminary Crimes. Click on any term below to learn more about its definition and applications.
Does merger exist for conspiracy related crimes?
No. If the target crime is committed, the conspirators can be charged with both conspiracy and the c...
How does factual impossibility affect conspiracy?
Factual impossibility is not a defense, as the acts the defendant intended to commit would constitut...
What is the liability for co-conspirators' crimes?
All conspirators are liable for both the conspiracy and any crime committed by another conspirator,...
Under conspiracy, what constitutes an agreement?
An agreement may be express words or implied by conduct. Under the majority view, all the co-conspir...
What is conspiracy?
Conspiracy is an agreement between two or more persons, with the intent to enter an agreement, where...
In assessing the crime of solicitation, what is merger?
A defendant may be prosecuted for solicitation or the completed crime, but not both. The crimes merg...
In assessing the crime of attempt, what is merger?
A defendant may be prosecuted for attempt or the completed crime, but not both. The crimes merge (do...
How does factual impossibility affect attempt?
Factual impossibility is not a defense, as the acts the defendant intended to commit would constitut...
How does legal impossibility affect attempt?
Legal impossibility is a defense, as the acts the defendant intended to commit do not constitute a c...
What level of preparation is required to commit an attempt?
Mere preparation to commit a crime is insufficient. The defendant must commit an act or omission tha...
How can a participant of a conspiracy effectively withdraw?
To effectively withdraw from the target crime, a defendant must timely communicate to all other co-c...
What is Wharton's Rule?
Under the Wharton Rule, if a crime requires multiple parties, then a conspiracy requires at least on...
What is solicitation?
Solicitation is inciting, counseling, advising, urging, or commanding someone to commit a crime, wit...
What is attempt?
An attempt is an act done with the intent to commit a crime that falls short of completing the crime...
How does legal impossibility affect conspiracy?
Legal impossibility is a defense, as the acts the defendant intended to commit do not constitute a c...
What type of intent is required for attempt?
Attempt is a specific intent crime, meaning the defendant must intend to perform an act that, if com...
