1. Attempt, Conspiracy, and Solicitation
Chapter 7
Attempt, Conspiracy, and Solicitation

2. Chapter Summary Inchoate crimes Attempt Elements of attempt
Steps of attempt
Conspiracy
Solicitation
Lippman, Contemporary Criminal Law, Second Edition

3. Introduction
Individuals can be convicted and punished for an intent to complete a crime.
This intent must be accompanied by a significant step toward the commission of the offense.
Conspiracy punishes an agreement to commit a crime, when accompanied by an over act.
Solicitation punishes an effort to persuade another individual to commit a crime.
Lippman, Contemporary Criminal Law, Second Edition

4. Attempt
Two types
complete, yet imperfect
incomplete
Attempt is punished as the offense attempted, but to a lesser degree.
Lippman, Contemporary Criminal Law, Second Edition

5. Legal Equation
Lippman, Contemporary Criminal Law, Second Edition

6. Punishment of Attempt Retribution Utilitarianism Incapacitation
the individual is as morally blameworthy as one who successfully commits the offense
Utilitarianism
punishing an attempt as a lesser offense gives the offender incentive to abort the act before it is completed
Incapacitation
the individual has already shown him or herself to be a threat to society
Lippman, Contemporary Criminal Law, Second Edition

7. Elements of Attempt Three elements criminal act criminal intent
failure to commit the attempted act
Lippman, Contemporary Criminal Law, Second Edition

8. Mens Rea of Attempt Intent must exist to commit the attempted act.
Intent must also exist to achieve a specific criminal objective.
Lippman, Contemporary Criminal Law, Second Edition

9. Actus Reus of Attempt Objective Subjective
the act must come extremely close to the commission of the crime
stresses the danger posed by a defendant’s acts
Subjective
focuses on the individual’s intent rather than acts
stresses the danger posed by a defendant who possesses a criminal intent
Lippman, Contemporary Criminal Law, Second Edition

10. Actus Reus of Attempt, cont.
Three major legal tests
physical proximity the the commission of a crime
unequivocality or clarity of purpose to commit a crime
Model Penal Code: substantial step toward commission of a crime
Lippman, Contemporary Criminal Law, Second Edition

11. Defenses to Attempt
Factual impossibility of completion of an offense is not a valid legal defense.
Legal impossibility of completion of an offense is a valid legal defense.
Voluntary abandonment of a criminal act can be a valid legal defense.
Involuntary abandonment of a criminal act is not a valid legal defense.
Lippman, Contemporary Criminal Law, Second Edition

12. Conspiracy
An agreement between two or more persons to commit a criminal act
Intervention protects society by arresting individuals before they commit a crime.
Such laws are necessary to deter individuals as group pressure makes it less likely that conspirators will be deterred.
Lippman, Contemporary Criminal Law, Second Edition

13. Conspiracy, cont. Pinkerton Rule
an individual is guilty of all criminal acts committed by any of the conspirators in furtherance of the conspiracy
Generally, conspiracy to commit a felony is a felony, to commit a misdemeanor is a misdemeanor
Lippman, Contemporary Criminal Law, Second Edition

14. Legal Equation
Lippman, Contemporary Criminal Law, Second Edition

15. Actus Reus of Conspiracy
Defendant(s) must enter into an agreement to commit a crime
An overt act must be committed in furtherance of the agreement (required in some states)
Lippman, Contemporary Criminal Law, Second Edition

16. Mens Rea of Conspiracy Knowledge Standard Purpose Standard
being aware of intended illegal activity
Purpose Standard
intent to further or promote the specific criminal objective
Lippman, Contemporary Criminal Law, Second Edition

17. Conspiracy, cont. Plurality requirement Bilateral conception
conspiracy requires two or more persons
Bilateral conception
a charge of conspiracy against one conspirator will fail if the other lacked mens rea
Unilateral conception
a single individual can agree to enter into a conspiracy even if the other person did not
Lippman, Contemporary Criminal Law, Second Edition

18. Legal Equation
Lippman, Contemporary Criminal Law, Second Edition

19. Types of Conspiracies Chain Wheel Wharton’s rule
each conspirator links to each other
Wheel
each “spoke” conspirator connects to a “hub”
“hubs” do not usually connect to one another
Wharton’s rule
two parties cannot be charged with conspiracy to commit a crime that requires two people to commit
Lippman, Contemporary Criminal Law, Second Edition

20. Solicitation
Commanding, hiring, or encouraging another person to commit a crime
Prosecuted to deter cooperation among criminals
Limits social danger
Intervenes before a crime is fully committed
Lippman, Contemporary Criminal Law, Second Edition

21. Actus Reus and Mens Rea of Solicitation
an effort to get another person to commit a crime
Mens Rea
specific intent or purpose that another person commit a crime
Lippman, Contemporary Criminal Law, Second Edition