These questions become manageable once you separate agreement crimes from assistance crimes. Conspiracy, attempt, solicitation, and accomplice liability overlap, but they do not ask the same question.
These questions become manageable once you separate agreement crimes from assistance crimes. Conspiracy, attempt, solicitation, and accomplice liability overlap, but they do not ask the same question.
Very High priority
ELEMENTS: (1) Agreement between 2+ persons; (2) Intent to agree; (3) Intent to achieve unlawful objective; (4) Overt act (majority rule - any act, even preparatory). BILATERAL (CL) vs UNILATERAL (MPC): CL requires 2+ guilty minds. MPC allows conviction even if other party is feigning. PINKERTON LIABILITY: Each conspirator liable for crimes of co-conspirators committed in furtherance of conspiracy and foreseeable. WITHDRAWAL: Must communicate to all co-conspirators or inform police. Only cuts off future crimes - still liable for conspiracy itself. NO MERGER: Can be convicted of conspiracy AND completed crime.
HYPO: A and B agree to rob bank. A drives getaway car. B enters bank and, panicking, shoots guard. A claims he didn't know B had a gun. A liable for murder? ANALYSIS: Pinkerton liability - conspirators liable for foreseeable crimes in furtherance of conspiracy. Is shooting during bank robbery foreseeable? YES - violence during robbery is foreseeable even if not planned. RESULT: A is liable for felony murder even though he was outside. Pinkerton + felony murder = A guilty of murder.
Section sources
High priority
ELEMENTS: (1) SPECIFIC INTENT to commit target crime (even if target crime is general intent); (2) SUBSTANTIAL STEP toward completion (beyond mere preparation). Tests: MPC substantial step (strongly corroborative of intent), dangerous proximity, unequivocality. IMPOSSIBILITY: Legal impossibility is defense (thought illegal but wasn't). Factual impossibility is NO defense (would be crime if facts as believed). ABANDONMENT: Voluntary and complete = defense (MPC); common law = no defense once attempt complete. MERGER: Attempt merges into completed crime.
HYPO: D shoots at V intending to kill, but gun is unloaded (unknown to D). D charged with attempted murder. Defense? ANALYSIS: FACTUAL impossibility - D intended to kill, took substantial step (pulling trigger), but facts made completion impossible (no bullets). Factual impossibility is NOT a defense - what matters is D's intent and belief. RESULT: GUILTY of attempted murder. It's irrelevant that the gun was unloaded. D believed it was loaded and intended to kill.
Section sources
High priority
ELEMENTS: (1) Intent to assist principal; (2) Intent that principal commit crime; (3) Actually assists (aid, encourage, counsel). MERE PRESENCE is not enough. MERE KNOWLEDGE of crime is not enough - must intend to help. Accomplice liable for TARGET CRIME plus NATURAL AND PROBABLE CONSEQUENCES. Can be convicted even if principal acquitted (different evidence, jury). WITHDRAWAL: Must (1) repudiate prior aid, (2) do all possible to neutralize assistance, (3) communicate to principal. Must be before crime becomes unstoppable. ACCESSORY AFTER FACT: Separate, lesser crime.
HYPO: A is at party where B says he's going to steal C's car. A watches B steal car but does nothing. A guilty as accomplice? ANALYSIS: Did A assist? Elements: (1) Intent to assist, (2) Intent for crime to occur, (3) Actual assistance. A was merely PRESENT - didn't provide aid, encouragement, or counsel. Mere presence + knowledge is NOT enough. A didn't intend to assist. RESULT: NOT GUILTY as accomplice. Mere presence at crime, even with knowledge, doesn't create liability without actual assistance or encouragement.
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Exam trap
Withdrawal is not a universal eraser. A defendant may withdraw from accomplice liability by timely repudiation and neutralization of aid, but conspiracy is usually complete once the agreement and required overt act occur. That means withdrawal often limits future liability without undoing the already-complete conspiracy itself.
Section sources
Conspiracy punishes the agreement plus any required overt act; accomplice liability punishes intentional assistance to the principal offense.
No. Its effect depends on the doctrine. It may cut off future accomplice or Pinkerton liability, but it usually does not undo a conspiracy that was already complete.