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Chapter 7 Attempt, Conspiracy, and Solicitation. Lippman, Contemporary Criminal Law, Second Edition Chapter Summary Inchoate crimes Inchoate crimes Attempt.

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Presentation on theme: "Chapter 7 Attempt, Conspiracy, and Solicitation. Lippman, Contemporary Criminal Law, Second Edition Chapter Summary Inchoate crimes Inchoate crimes Attempt."— Presentation transcript:

1 Chapter 7 Attempt, Conspiracy, and Solicitation

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

3 Lippman, Contemporary Criminal Law, Second Edition Introduction Individuals can be convicted and punished for an intent to complete a crime. 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. 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. 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. Solicitation punishes an effort to persuade another individual to commit a crime.

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

5 Lippman, Contemporary Criminal Law, Second Edition Legal Equation

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

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

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

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

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

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

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

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

14 Lippman, Contemporary Criminal Law, Second Edition Legal Equation

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

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

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

18 Lippman, Contemporary Criminal Law, Second Edition Legal Equation

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

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

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


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