CHAPTER SIX

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CHAPTER SIX

• UNCOMPLETED CRIMES ATTEMPT, CONSPIRACY AND
  SOLICITATION

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Inchoate Offenses

• Uncompleted crimes
• Types
• Attempt
• Conspiracy
• Solicitation
• What is common between these crimes?

3
Attempt, Conspiracy and Solicitation
4
Inchoate Offenses

• Its a balancing act between
• Limiting criminal liability to what you have done
• And setting free someone who is determined to
  commit a crime
• So how do we balance those concerns?
• Specific intent
• Some act towards completion
• Punish less severely

5
Attempt

• Early common law
• Elements
• Intent to commit specific crime
• Acts to carry out intent
• Failure to complete
• NO reckless, negligent or strict liability
  attempts

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Attempt

• People v. Coulverson
• Actus reus
• Must be more than just plotting or preparation
• Tests
• Physical proximity
• Unequivocality
• Substantial steps

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Attempt

• Physical proximitypunish when dangerous
  proximity to success
• Unequivocalityact has no other purpose than
  committing the crime
• Substantial steps
• Model Penal Code
• Enough actions toward completion to show intent

8
Attempt

• Collecting or possessing materials usually
  preparation, and not attempt
• State v. Nesbitt

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Legal and Factual Impossibility

• Whats the difference?
• Legal impossibility is a defense to attempt
• Factually impossibility is NOT a defense to
  attempt
• State v. Damms

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Abandonment

• What is abandonment?
• Enough steps for actus reus
• Not stopped by outside force
• Change mind, and take no further steps
• Traditional viewno defense
• Trend towards recognizing the defense
• Whats good about allowing the defense?
• Whats bad about allowing the defense?

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Abandonment

• La Barron v. State

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Conspiracy

• Elements
• Actus reus
• Agreement
• Overt act (only some states)
• Mens reapurpose is to attain an unlawful
  objective
• Actus reusdo you need anything more than
  agreement?
• Mens reawhat type of intent do you need?

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Conspiracy

• New York Law
• Intent to commit a crime
• Agrees with one or more persons
• To engage in such conduct
• Must prove an overt act
• Parties to conspiracy
• 2 or more
• Whartons rule

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Conspiracy

• Failure to convict one participant does not
  prevent conviction of others
• State v. Hatfield
• Criticisms of conspiracy
• Conduct too remote
• Prosecutors charge in weak cases

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Solicitation

• Command urge or request 3rd person to commit a
  crime
• What qualifies as solicitation?
• Inducement or encouragement
• 3rd person doesnt have to agree
• 3rd person doesnt have to know of solicitation
• What doesnt qualify as solicitation?
• Statements approving crime
• Must have specific intent to get 3rd person to
  commit a crime

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Solicitation

• Ganeson v. State

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UNCOMPLETED CRIMES ATTEMPT, CONSPIRACY AND
SOLICITATION

• END CHAPTER SIX