CL Ch 7 PDF

Chapter 7: Attempt, Conspiracy, and Solicitation

Introduction to Inchoate Crimes

• Definition: Inchoate crimes are offenses that are aimed at committing a crime but are not completed.

• Requirements for Conviction:

  • Specific intent or purpose to accomplish a crime.

  • An act to carry out that purpose.

Types of Inchoate Crimes

• Attempt

• Conspiracy

• Solicitation

Attempt

• Definition: Attempts are actions taken toward committing a crime that are subject to criminal punishment.

• Types of Attempts:

  • Complete

  • Incomplete

  • Impossible

Historical Context of Attempt

• Key Historical Figures and Legal Precedents:

  • Plato’s thoughts on attempts in ancient times.

  • Development in early Common Law and English Law.

  • Legal proceedings from the Court of Star Chamber.

  • Significant cases:

    • Rex v. Scofield (1784)

    • Rex v. Higgins (1801)

Public Policy Considerations

• Rationale for Punishing Attempts:

  • Retribution: Just deserts for trying to commit an offense.

  • Utility: Deterrent effect to prevent crime.

  • Incapacitation: Preventing offenders from completing criminal acts.

Elements of Criminal Attempt

• Necessary Elements:

  • Must demonstrate intent or purpose to commit a crime.

  • Act(s) taken toward committing the crime.

  • Must result in failure to complete the intended crime.

• Statutory Framework:

  • General attempt statute encompasses any criminal attempt.

  • Other statutes may target specific offenses.

Mens Rea of Attempt

• Dual Intent Requirement:

  • Must have intentionally acted close to the completion of the crime.

  • Must possess specific intent or purpose to achieve the criminal objective.

Actus Reus of Attempt

• Objective Approach:

  • Preparation steps leading toward the commission of a crime.

  • Differentiates between mere preparation and completed acts aimed at committing the crime.

• Subjective Approach:

  • Focus on the individual's intent rather than merely their actions.

  • Examples:

    • State v. Reeves

Legal Tests for Attempt

• Three Legal Tests:

  • Physical Proximity: Closeness of actions to crime completion.

  • Unequivocality Test: Clarity of intent to commit a crime.

  • Substantial Step Test: Actions taken towards committing the crime as prescribed in the Model Penal Code.

• Additional Tests:

  • Last Step approach: the final act before completion.

  • Modern legal standards: emphasize physical proximity and unequivocality.

Impossibility in Attempt

• Factual Impossibility:

  • Not a defense against an attempt (e.g., a mistake of fact).

• Legal Impossibility: Recognized as a valid defense based on the principle of legality.

• Inherent Impossibility: The Model Penal Code does not recognize this as a defense.

• Relevant Cases:

  • People v. Dlugash

  • State v. Curtis

Abandonment

• Concept of Abandonment:

  • People v. Staples: Establishes that voluntary abandonment negates liability.

• Liability for Abandonment:

  • Cannot abandon if influenced by external factors, as it is not voluntary.

  • Renunciation is also not valid if led by specific motivations.

• Reasons for Recognizing Abandonment Defense:

  • Demonstrates lack of intent.

  • Offers an incentive for individuals to renounce criminal intentions.

  • Example Case:

    • Watkins v. Commonwealth

Solicitation

• Definition of Solicitation:

  • A statement intentionally inciting another person to commit a crime.

• Legal Approaches:

  • Varies among states; some punish all solicitation while others limit it to felonies.

  • Previous rulings: Rex v. Higgins.

Public Policy Considerations

• Controversial Aspects:

  • The idea that solicitation may not entail a direct crime.

  • Risks associated with false accusations and casual remarks.

  • Possible conflict with freedom of speech.

• Rationale for Punishing Solicitation:

  • Addresses the cooperation of criminals and the social danger they pose.

  • Enables law enforcement to intervene early in the commission of a crime.

  • Ensures typical measures against wrongful convictions.

The Crime of Solicitation Elements

• Mens Rea Required:

  • Specific intent necessary to influence another to commit a crime.

• Actus Reus Required:

  • Efforts must be made for another to commit the crime; completed upon making the inciting statement.

  • Solicitation can be direct or indirect.

• Model Penal Code Stance:

  • Individuals may be charged even if the solicitation is intercepted; other jurisdictions may require the solicitation to be acted upon.