Unit Four SeminarUnit Four Seminar

Inchoate CrimesInchoate Crimes

Prof. HulvatProf. Hulvat

Housekeeping…Housekeeping…

Writing Assignment this week…look at Writing Assignment this week…look at the announcement; very specific the announcement; very specific scenarioscenario

Very specific grading criteriaVery specific grading criteria One DB question and a QuizOne DB question and a Quiz Post early and often…we’re still seeing Post early and often…we’re still seeing

late posterslate posters Posts on 3 days of the academic weekPosts on 3 days of the academic week

Late work…contact me!Late work…contact me!

Writing AssignmentWriting Assignment Attempt: Main goals of the assignmentAttempt: Main goals of the assignment

Identify the offense of attempt committedIdentify the offense of attempt committed Discuss the concept of complete and Discuss the concept of complete and

incomplete attemptsincomplete attempts Discuss the impossibility defenseDiscuss the impossibility defense

Apply all of this to the Jack, Bert and Pratt Apply all of this to the Jack, Bert and Pratt ScenarioScenario

Three Grading Criteria!Three Grading Criteria!

Plagiarism……Plagiarism……

Midterm WeekMidterm Week

Final Objective ExamFinal Objective Exam 25 true/false25 true/false 25 multiple choice25 multiple choice Open bookOpen book

3 hour entry3 hour entry One entryOne entry PREPARE!!!!!!!PREPARE!!!!!!!

What is an Inchoate Crime?What is an Inchoate Crime? Inchoate crimes, also called Inchoate crimes, also called incomplete incomplete

crimescrimes acts which involve the inclination to acts which involve the inclination to

commit, or indirect participation in, a commit, or indirect participation in, a criminal offense. criminal offense.

Since there is an obvious public interest in Since there is an obvious public interest in the need to prevent crime, inchoate crimes the need to prevent crime, inchoate crimes were originally defined under common law were originally defined under common law as separate and distinct offenses. Inchoate as separate and distinct offenses. Inchoate crimes include:crimes include: AttemptAttempt ConspiracyConspiracy SolicitationSolicitation

AttemptAttempt

3 elements:3 elements: Act (substantial step)Act (substantial step) Intent to commit the offenseIntent to commit the offense Failure to commitFailure to commit

Key here is the “substantial Step”4Key here is the “substantial Step”4 Examples!Examples!

HomicideHomicide Attempt armed robberyAttempt armed robbery

ATTEMPTATTEMPT

TypesTypes Complete Attempt – Person takes every step Complete Attempt – Person takes every step

towards the commission of the crime but just towards the commission of the crime but just does not succeed.does not succeed.

Incomplete Attempt – Person abandons or Incomplete Attempt – Person abandons or stops short of completion of the crime or is stops short of completion of the crime or is prevented from completing the crime due to prevented from completing the crime due to some outside source or event out of the control some outside source or event out of the control of the person.of the person.

Defenses to AttemptDefenses to Attempt

Factual Impossibility – What is it?Factual Impossibility – What is it? NOT a legal defenseNOT a legal defense Watch how the applies to our writing Watch how the applies to our writing

assignmentassignment

Legal ImpossibilityLegal Impossibility Examples of each?Examples of each?

ExampleExample

Mopes A, B & C go to the convenience store. A Mopes A, B & C go to the convenience store. A has a gun, B has a knife and C has a baseball has a gun, B has a knife and C has a baseball bat. All of them show their weapons and say to bat. All of them show their weapons and say to the clerk, “hand over all the cash!” She the clerk, “hand over all the cash!” She screams and runs. A goes to fire his gun and screams and runs. A goes to fire his gun and misses and hits C holding the baseball bat. B misses and hits C holding the baseball bat. B goes to cut the lady and she is able to dodge goes to cut the lady and she is able to dodge him and he misses. She gets away and the him and he misses. She gets away and the perpetrators are caught when they remain at perpetrators are caught when they remain at the scene trying to revive C who has now died the scene trying to revive C who has now died as a result of the gunshot wounds.as a result of the gunshot wounds.

Who is charged with what?Who is charged with what?

CONSPIRACYCONSPIRACY

Punishes the act of entering into an agreement Punishes the act of entering into an agreement It is a separate crime than the target offenseIt is a separate crime than the target offense The actus reus for the crime is making the actual The actus reus for the crime is making the actual

agreementagreement Modern law requires an Modern law requires an overt act in furtherance of the overt act in furtherance of the

conspiracyconspiracy The mens rea is an intent that the object of the conspiracy The mens rea is an intent that the object of the conspiracy

be achievedbe achieved The actual agreement need not be expressed, it can be The actual agreement need not be expressed, it can be

impliedimplied All the details of the conspiracy need not be known for All the details of the conspiracy need not be known for

criminal liabilitycriminal liability A meeting of the minds with the requisite criminal intent is A meeting of the minds with the requisite criminal intent is

sufficientsufficient For example, two or more individuals plotting to kill, deal For example, two or more individuals plotting to kill, deal

drugs or commit basically any crimedrugs or commit basically any crime Co-conspirators are responsible for all acts committed in Co-conspirators are responsible for all acts committed in

futherance of the conspiracyfutherance of the conspiracy

ExampleExample

Sue and Joan meet and plan to rob a Sue and Joan meet and plan to rob a bank. They proceed to purchase masks bank. They proceed to purchase masks and agree to rent a car, but at the last and agree to rent a car, but at the last minute Joan has a change of heart and minute Joan has a change of heart and backs out. Sue commits the crime backs out. Sue commits the crime herself. Can Joan and Sue be charged herself. Can Joan and Sue be charged with conspiracy?with conspiracy?

SolicitationSolicitation The mens rea for the crime of solicitation is purposeThe mens rea for the crime of solicitation is purpose This crime is complete once the solicitor incites, This crime is complete once the solicitor incites,

urges, entices or otherwise invites another person urges, entices or otherwise invites another person to commit a crime.to commit a crime.

A solicitation need not involve words. Gestures can A solicitation need not involve words. Gestures can be used as wellbe used as well

The crime of criminal solicitation is the actual The crime of criminal solicitation is the actual soliciting or inducing another to commit the crime; soliciting or inducing another to commit the crime; it is not the subsequent commission of the crimeit is not the subsequent commission of the crime

For example, criminal solicitation commonly For example, criminal solicitation commonly involves crimes such as prostitution and drug involves crimes such as prostitution and drug dealing.dealing.

Example????Example????

ExampleExample

Mope initiates contact with someone via Mope initiates contact with someone via the internet whom he believes to be 13 the internet whom he believes to be 13 years old. The “someone” is actually a years old. The “someone” is actually a Detective. Conversation continues for Detective. Conversation continues for months, wherein the bad guy convinces months, wherein the bad guy convinces the “youth” to meet him in Illinois to have the “youth” to meet him in Illinois to have sex at a hotel. When the bad guy arrives sex at a hotel. When the bad guy arrives at the hotel, he is arrested. at the hotel, he is arrested.

Charge? Is the fact that the “youth” is a Charge? Is the fact that the “youth” is a detective a defense?detective a defense?

How Does Inchoate Crime Differ How Does Inchoate Crime Differ from Complete Crimefrom Complete Crime

Complete CrimeComplete Crime = When a crime has been carried out and all = When a crime has been carried out and all elements are present for a prosecutor to secure a conviction, elements are present for a prosecutor to secure a conviction, including the actus reus and mens rea.including the actus reus and mens rea.

Inchoate crimes differ in the following manner:Inchoate crimes differ in the following manner: An event prevents the crime from happeningAn event prevents the crime from happening A perpetrator cannot physically complete the crimeA perpetrator cannot physically complete the crime A perpetrator does not have the mental capacity to commit the crimeA perpetrator does not have the mental capacity to commit the crime Person abandons the crimePerson abandons the crime Overt act to establish conspiracy is presentOvert act to establish conspiracy is present A person cannot be A person cannot be charged charged with an inchoate crime and the complete with an inchoate crime and the complete

crime. For example, you cannot be charged with attempted murder crime. For example, you cannot be charged with attempted murder AND murder. You could only be charged with one or the other. AND murder. You could only be charged with one or the other. (exception is conspiracy)(exception is conspiracy)

- Inchoate crimes must involve some - Inchoate crimes must involve some outward action outward action or a or a substantial stepsubstantial step in the completion of the crime. For example, in the completion of the crime. For example, just thinking inwardly about committing a crime does not just thinking inwardly about committing a crime does not constitute a criminal offense. Taking any action towards constitute a criminal offense. Taking any action towards committing that crime may constitute an inchoate crime. committing that crime may constitute an inchoate crime.

Differences After the ArrestDifferences After the Arrest

- To be convicted of an inchoate crime, the - To be convicted of an inchoate crime, the prosecutor / State’s Attorney must prove beyond prosecutor / State’s Attorney must prove beyond a reasonable doubt that you had a “specific a reasonable doubt that you had a “specific intent” (mens rea) to commit or contribute to the intent” (mens rea) to commit or contribute to the actual crime. actual crime.

- Penalties and Sentencing: - Penalties and Sentencing: PenaltiesPenalties are usually are usually assigned for inchoate offenses, though the assigned for inchoate offenses, though the sentence for an inchoate crime may be equal to sentence for an inchoate crime may be equal to the penalties for the actually crime. For example, the penalties for the actually crime. For example, the penalties for solicitation of prostitution may the penalties for solicitation of prostitution may be equal to the penalties for prostitution itself. be equal to the penalties for prostitution itself.

Questions for DiscussionQuestions for Discussion

Can a threat be an attempt crime?Can a threat be an attempt crime? Which is closer to a complete crime, Which is closer to a complete crime,

attempt or solicitation?attempt or solicitation? If the person you solicit to commit a crime If the person you solicit to commit a crime

will not agree to commit the crime, can will not agree to commit the crime, can you still be prosecuted for the solicitation?you still be prosecuted for the solicitation?

Can an accomplice to a crime be a co-Can an accomplice to a crime be a co-conspirator?conspirator?

Which of the inchoate crimes is easiest for Which of the inchoate crimes is easiest for the state to prosecute?the state to prosecute?

Questions or comments?Questions or comments?

Prof. HulvatProf. HulvatJHulvat@Kaplan.edu

630-201-3307630-201-3307