chapter 7 attempt, conspiracy, and solicitation. lippman, contemporary criminal law, second edition...

Chapter 7Chapter 7

Attempt, Conspiracy, and Attempt, Conspiracy, and SolicitationSolicitation

Lippman, Contemporary Criminal Law, Second Edition

Chapter SummaryChapter Summary

Inchoate crimesInchoate crimes AttemptAttempt Elements of attemptElements of attempt Steps of attemptSteps of attempt ConspiracyConspiracy SolicitationSolicitation


IntroductionIntroduction Individuals can be convicted and punished Individuals can be convicted and punished

for an intent to complete a crime.for an intent to complete a crime. This intent must be accompanied by a This intent must be accompanied by a

significant step toward the commission of significant step toward the commission of the offense.the offense.

Conspiracy punishes an agreement to Conspiracy punishes an agreement to commit a crime, when accompanied by an commit a crime, when accompanied by an over act.over act.

Solicitation punishes an effort to persuade Solicitation punishes an effort to persuade another individual to commit a crime.another individual to commit a crime.


AttemptAttempt

Two types Two types complete, yet imperfectcomplete, yet imperfect incompleteincomplete

Attempt is punished as the offense Attempt is punished as the offense attempted, but to a lesser degree.attempted, but to a lesser degree.


Legal EquationLegal Equation


Punishment of AttemptPunishment of Attempt

RetributionRetribution the individual is as morally blameworthy as the individual is as morally blameworthy as

one who successfully commits the offenseone who successfully commits the offense UtilitarianismUtilitarianism

punishing an attempt as a lesser offense punishing an attempt as a lesser offense gives the offender incentive to abort the act gives the offender incentive to abort the act before it is completedbefore it is completed

IncapacitationIncapacitation the individual has already shown him or the individual has already shown him or

herself to be a threat to societyherself to be a threat to society


Elements of AttemptElements of Attempt

Three elementsThree elements criminal actcriminal act criminal intentcriminal intent failure to commit the attempted actfailure to commit the attempted act


Mens Rea of AttemptMens Rea of Attempt

Intent must exist to commit the Intent must exist to commit the attempted act.attempted act.

Intent must also exist to achieve a Intent must also exist to achieve a specific criminal objective.specific criminal objective.


Actus Reus of AttemptActus Reus of Attempt

ObjectiveObjective the act must come extremely close to the the act must come extremely close to the

commission of the crimecommission of the crime stresses the danger posed by a defendant’s stresses the danger posed by a defendant’s

actsacts SubjectiveSubjective

focuses on the individual’s intent rather focuses on the individual’s intent rather than actsthan acts

stresses the danger posed by a defendant stresses the danger posed by a defendant who possesses a criminal intentwho possesses a criminal intent


Actus Reus of Attempt, Actus Reus of Attempt, cont.cont.

Three major legal testsThree major legal tests physical proximity the the commission physical proximity the the commission

of a crimeof a crime unequivocality or clarity of purpose to unequivocality or clarity of purpose to

commit a crimecommit a crime Model Penal Code: substantial step Model Penal Code: substantial step

toward commission of a crimetoward commission of a crime


Defenses to AttemptDefenses to Attempt

Factual impossibility of completion of Factual impossibility of completion of an offense is not a valid legal defense.an offense is not a valid legal defense.

Legal impossibility of completion of Legal impossibility of completion of an offense is a valid legal defense.an offense is a valid legal defense.

Voluntary abandonment of a criminal Voluntary abandonment of a criminal act can be a valid legal defense.act can be a valid legal defense.

Involuntary abandonment of a Involuntary abandonment of a criminal act is not a valid legal criminal act is not a valid legal defense.defense.


ConspiracyConspiracy

An agreement between two or more An agreement between two or more persons to commit a criminal actpersons to commit a criminal act

Intervention protects society by Intervention protects society by arresting individuals before they arresting individuals before they commit a crime.commit a crime.

Such laws are necessary to deter Such laws are necessary to deter individuals as group pressure makes individuals as group pressure makes it less likely that conspirators will be it less likely that conspirators will be deterred.deterred.


Conspiracy, cont.Conspiracy, cont.

Pinkerton RulePinkerton Rule an individual is guilty of all criminal an individual is guilty of all criminal

acts committed by any of the acts committed by any of the conspirators in furtherance of the conspirators in furtherance of the conspiracyconspiracy

Generally, conspiracy to commit a Generally, conspiracy to commit a felony is a felony, to commit a felony is a felony, to commit a misdemeanor is a misdemeanormisdemeanor is a misdemeanor


Actus Reus of ConspiracyActus Reus of Conspiracy

Defendant(s) must enter into an Defendant(s) must enter into an agreement to commit a crimeagreement to commit a crime

An overt act must be committed in An overt act must be committed in furtherance of the agreement furtherance of the agreement (required in some states)(required in some states)


Mens Rea of ConspiracyMens Rea of Conspiracy

Knowledge StandardKnowledge Standard being aware of intended illegal activitybeing aware of intended illegal activity

Purpose StandardPurpose Standard intent to further or promote the specific intent to further or promote the specific

criminal objectivecriminal objective


Conspiracy, cont.Conspiracy, cont.

Plurality requirementPlurality requirement conspiracy requires two or more personsconspiracy requires two or more persons

Bilateral conceptionBilateral conception a charge of conspiracy against one a charge of conspiracy against one

conspirator will fail if the other lacked conspirator will fail if the other lacked mens reamens rea

Unilateral conceptionUnilateral conception a single individual can agree to enter into a a single individual can agree to enter into a

conspiracy even if the other person did notconspiracy even if the other person did not


Types of ConspiraciesTypes of Conspiracies

ChainChain each conspirator links to each othereach conspirator links to each other

WheelWheel each “spoke” conspirator connects to a “hub”each “spoke” conspirator connects to a “hub” ““hubs” do not usually connect to one anotherhubs” do not usually connect to one another

Wharton’s ruleWharton’s rule two parties cannot be charged with conspiracy two parties cannot be charged with conspiracy

to commit a crime that requires two people to to commit a crime that requires two people to commitcommit


SolicitationSolicitation

Commanding, hiring, or Commanding, hiring, or encouraging another person to encouraging another person to commit a crimecommit a crime

Prosecuted to deter cooperation Prosecuted to deter cooperation among criminalsamong criminals

Limits social dangerLimits social danger Intervenes before a crime is fully Intervenes before a crime is fully

committedcommitted


Actus Reus and Mens Rea Actus Reus and Mens Rea of Solicitationof Solicitation

Actus ReusActus Reus an effort to get another person to an effort to get another person to

commit a crimecommit a crime Mens ReaMens Rea

specific intent or purpose that another specific intent or purpose that another person commit a crimeperson commit a crime

chapter 7 attempt, conspiracy, and solicitation. lippman, contemporary criminal law, second edition...

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