California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawMedium
A client, a security guard, is assigned to patrol a warehouse at night. One evening, he notices a large shipment of electronics that he knows are easily resold. He calls a friend and proposes that they break into the warehouse the following night to steal the electronics. His friend agrees. The next day, the client has second thoughts and calls his friend to cancel the plan, but his friend insists on going through with it alone. What crime has the client most likely committed at the point he proposed the plan and his friend agreed?
- AAttempted Larceny
- BSolicitation
- CConspiracy
- DNo crime, as he withdrew.
Show answer & explanationAnswer & explanation
Correct answer: C. Conspiracy
Conspiracy is formed when there is an agreement between two or more persons to commit an unlawful act, with the intent to commit the act. Here, the client proposed stealing the electronics, and his friend agreed, forming the agreement with the requisite intent. The crime of conspiracy was complete at that point.
Why the other options are wrong
- A. Attempted larceny would require a substantial step towards the actual theft, beyond mere agreement.
- B. Solicitation is merely inviting another to commit a crime; once the friend agrees, it generally ripens into conspiracy.
- D. The crime of conspiracy was complete upon the agreement; subsequent withdrawal does not negate the conspiracy itself under common law.
Conspiracy (Formation)
An agreement between two or more persons to commit an unlawful act, with the intent to commit the act and often an overt act.
- Requires agreement and specific intent.
- The 'gist' of the crime is the agreement.
- Overt act usually required by statute, not always common law.
Memory trick: Starting a crime together, it's a conspiracy.