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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
Lippman, Contemporary Criminal Law, Second Edition
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.
Lippman, Contemporary Criminal Law, Second Edition
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.
Lippman, Contemporary Criminal Law, Second Edition
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
Lippman, Contemporary Criminal Law, Second Edition
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
Lippman, Contemporary Criminal Law, Second Edition
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.
Lippman, Contemporary Criminal Law, Second Edition
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
Lippman, Contemporary Criminal Law, Second Edition
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
Lippman, Contemporary Criminal Law, Second Edition
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.
Lippman, Contemporary Criminal Law, Second Edition
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.
Lippman, Contemporary Criminal Law, Second Edition
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
Lippman, Contemporary Criminal Law, Second Edition
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)
Lippman, Contemporary Criminal Law, Second Edition
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
Lippman, Contemporary Criminal Law, Second Edition
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
Lippman, Contemporary Criminal Law, Second Edition
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
Lippman, Contemporary Criminal Law, Second Edition
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
Lippman, Contemporary Criminal Law, Second Edition
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