Criminal Law

1
Criminal Law

• Chapter 8
• Inchoate Crimes
• Attempt, Conspiracy, and Solicitation
• Joel Samaha, 9th Ed.

2
Inchoate Crimes

• Offenses based on crimes not yet committed.
• Each inchoate offense has its own elements,
• but they all share two elements
• the mens rea of purpose or specific intent
• and the actus reus of taking some steps
• toward accomplishing the criminal purpose
• but not enough steps to complete the intended
  crime.
• These offenses include
• Criminal attempt, criminal conspiracy,
• and criminal solicitation.

3
Inchoate Offenses

• Criminal attempts trying commit crimes.
• Criminal conspiracy making agreements with
  someone else to commit a crime.
• Criminal solicitation trying to get someone else
  to commit a crime.

4
Attempt

• 1) Intent or purpose to commit a specific crime.
  
• 2) An act, or acts, to carry out the intent.
• (statutes vary among states as to
• specific or general attempt).

5
Attempt Mens Rea

• Purpose to engage in criminal conduct
• or cause a criminal result.
• Discuss the facts and opinion of
• People v. Kimball
• 311 N.W.2d 343 (1981 Mich.App.
• People v. Moreland
• WL 459026 (Cal.App. 2 Dist. 2002)

6
Attempt Actus Reus

• Model Penal Codes
• Substantial Steps Test for actus reus.
• Two elements
• 1) substantial steps toward completing the
  crime and
• 2) steps that strongly corroborate
• the actors purpose.

7
Attempt Actus Reus

• The MPC requires that attempters take enough
  steps toward completing the crime
• not to show that a crime is about to occur
• but to prove that the attempters are determined
  to commit it.
• The following are examples of substantial steps
  if they strongly corroborate the actors criminal
  purpose to commit the intended crime
• Lying in wait enticing the contemplated victim
  to go to
• the contemplated place for its commission
  reconnoitering (casing) unlawful entry
• possession of materials to be employed
• in the commission of the crime
• soliciting an innocent agent.

8
Attempt Actus Reus

• Discuss the facts and opinion of
• Young v. State
• 493 A.2d 352 (Md. 1985)
• People v. Rizzo (1927)
• Commonwealth v. Peaslee (1901)

9
Impossibility

• Explain the difference between
• legal impossibility and factual impossibility.
• What is an extraneous factor?
• Discuss the facts and opinion in
• State v. Damms
• 100 N.W.2d 592 (Wis. 1960)
• State v. Robbins (2002)
• State v. Kordas (1995)

10
Abandonment

• Does the voluntary abandonment defense
• relieve a would-be criminal of criminal
  liability?
• How would an extraneous factor influence this
  defense?
• Discuss the facts and opinion in
• LeBarron v. State
• 145 N.W.2d 79 (Wis. 1966)

11
Conspiracy

• Actus reus for conspiracy consists of
• 1) an agreement to commit a crime (in all
  states) and
• 2) an overt act in furtherance of the agreement
• (in half of the states and the federal courts).
• Discuss the opinion and facts in
• U.S v. Garcia
• 151 F.3d 1243 (CA9 1998)
• The act of agreement between two or more people
  
• to commit a crime.

12
Conspiracy

• Mens rea for conspiracy is not clearly defined.
• Is it a specific-intent crime?
• In other words, intent to attain a specific
  objective.
• Does the mens rea require purpose?
• How does the Model Penal Code define conspiracy?

13
Conspiracy

• The traditional definition of conspiracy includes
  the attendant circumstance element that
  agreements involve two or more parties agreeing
  or combining to commit a crime (MPC).
• However, the unilateral approach in most modern
  statues does not require that all conspirators
  agree-or even know-the other conspirators.
• What are wheel and chain conspiracies?
• Does conspiracy enhance RICO statutes?
• If so, in what way?

14
Solicitation

• The actus reus in criminal solicitation consists
  of words
• that induce someone to commit a crime, e.g.,
• advises, commands, entices, induces, urges,
  solicits.
• The mens rea in criminal solicitation requires
  words
• that convey that their purpose is
• to get someone to commit a specific crime.
• Therefore, solicitation is a specific-intent
  crime
• a crime of purpose
• (some states require the objective to
• committing felonies or violent felonies).

15
Solicitation

• Discuss the facts and opinion of
• State v. Cotton
• 790 P.2d 1050 (N.M.App. 1990)