Which statement correctly distinguishes attempt from conspiracy?

Which statement correctly distinguishes attempt from conspiracy?

• A. Attempt requires two overt acts; conspiracy requires none
• B. Attempt requires two participants; conspiracy requires one
• C. Attempt requires only one participant; conspiracy requires two participants and an overt act
• D. Attempt requires agreement; conspiracy requires intent

Answer: (C)

The key idea is that attempt is a crime of one person acting toward committing a crime, while conspiracy is a crime of an agreement between two or more people, often with an overt act showing the plan has begun. An attempt rests on the actions of a single defendant who has intent and has taken a substantial step toward completion. Conspiracy, by contrast, requires at least two conspirators who agree to commit the crime, and in many jurisdictions an overt act in furtherance of that agreement is required to convict. So, the statement that attempt needs only one participant and conspiracy requires two participants (with an overt act) captures the fundamental difference between the two offenses. The other options misstate who must be involved or the role of an overt act, which is why they’re not correct.

The key idea is that attempt is a crime of one person acting toward committing a crime, while conspiracy is a crime of an agreement between two or more people, often with an overt act showing the plan has begun. An attempt rests on the actions of a single defendant who has intent and has taken a substantial step toward completion. Conspiracy, by contrast, requires at least two conspirators who agree to commit the crime, and in many jurisdictions an overt act in furtherance of that agreement is required to convict. So, the statement that attempt needs only one participant and conspiracy requires two participants (with an overt act) captures the fundamental difference between the two offenses. The other options misstate who must be involved or the role of an overt act, which is why they’re not correct.