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Inchoate Offenses: Incomplete, imperfectly developed crimes. (Attempt (MPC…
Inchoate Offenses: Incomplete, imperfectly developed crimes.
Attempt
MPC:
Complete Attempts: When causing a particular result in an element of the crime, the actor does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part.
Substantial Step: Conduct meets the act requirement under the MPC if under the circumstances as the defendant believes them to be, there occurs an act or omission constituting a substantial step in a course of conduct planned to culminate in the defendants commission of the crime. The conduct must still be strongly corroborative of the actor's criminal purpose.
Interrupted Attempts: Situations in which the actor is interrupted in a course of conduct intended to culminate in commission of the crime.
Impossible Attempts: When the actor mistakenly believes that the crime can be completed or the intended harm will occur, when in fact it cannot possibly happen. MPC imposes liability for even "impossible" attempts. A person is guilty of an attempt to commit a crime if he purposefully engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be. There is an Escape Hatch when the particular conduct is so inherently unlikely to result or culminate in a crime that neither such conduct nor the actor presents a public danger the court shall impose a lower sentence or dismiss the case.
Renunciation: If you prevent the offense voluntarily you might have a defense. Common law does not give this defense.
Impossibility: MPC punishes attempts so long as defendant's conduct would constitute a crime if the attendant circumstances were as he believes them to be. Legal impossibility is not a defense. MPC makes an exception for "inherent impossibility" which is when things are not crazy that we know it won't cause harm to anyone. Like trying to hurt someone with a voodoo doll. So the MPC is tougher than common law here.
Common Law:
Elements: A criminal attempt requires (a) an intent to do an act or cause a result that constitutes a crime; and (b) an act in furtherance of that intent that goes beyond mere preparation (substantial step test).
Substantial Step Test: Court adopts the MPC substantial step test. Purposefully is the mens rea for attempt. Substantial step must be strongly corroborative of the actor's criminal purpose (US v. Jackson; the group that wanted to rob the bank but one snitched).
Abandonment: Once a crime is complete you can't take it back. Abandonment is not a defense to crime. Here the crime was completed when he started to drill holes to rob the bank (People v. Staples; math professor trying to rob bank drilled holes little by little).
Impossibility: It is not defense that, under the attendant circumstances, the crime was factually or legally impossible. If such crime could have been committed had the attendant circumstances been as such person believed them to be. Legal impossibility is a defense because it is no crime to attempt to do that which is legal (People v. Dlugash). In People v. Thousand where officer poses as a girl, majority says legal impossibility is a defense.
Legal Impossibility: When you do something you think is illegal but it's actually legal. Example is the lady who smuggles the "French" cloth thinking it's illegal but its actually an English cloth. Legal Impossibility is a defense.
Factual Impossibility: When you do something intending to do it but things don't turn out as you planned them. A person tries to pickpocket an empty pocket. Factual impossibility is no defense.
Merger: Can't be convicted of both the principle crime and Attempt. If the principle crime is completed then you are just convicted of the principle crime.
Solicitation
MPC
Definition: A person is guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encourages, or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission. Basically, asking someone else to commit offense, with purpose that they do it. Even if the solicitation is not accepted or of no effect. This is usually limited to serious crimes or felonies.
Uncommunicated Solicitation: Doesn't matter if the person you tried to communicate with doesn't receive the communication. Major difference with common law.
Renunciation of Criminal Purpose: It is a defense that the actor, after solicitation another person to commit a crime, persuaded him or not to do so or otherwise prevented the commission of the crime.
Common Law
Elements: (1) Encouraging, requesting, or asking another person to commit a crime (2) with the intent (purpose) that the other person commit the acts constituting the crime.
No Overt Act Required: The crime of solicitation is never construed so as to require an overt act. As soon as defendant makes his request or proposal, the crime is complete.
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Speeches: Speech was delivered as if talking to each person individually (State v. Schleifer; dude makes a speech to people saying "you boys ought to cut them all up).
Particular Individual: Solicitation has to be to a particular individual not to a large unspecified group (People v. Quentin; defendants disseminated a brochure showing how to make a fire bomb).
Renunciation: A completed solicitation can't be renounced. But the modern trend is towards the MPC approach.
Impossibility is Not A Defense: Impossibility is typically irrelevant, except pure legal impossibility because then it's just not illegal.
Merger: If the solicited crime is actually committed, solicitation merges with the completed offense.