Lesson 8.2: Inchoate Crimes, Parties, and Defenses

Introduction

In this lesson, students will explore the intricacies of inchoate crimes, accomplice liability, and various defenses that can mitigate or eliminate criminal liability. Understanding these concepts is crucial for mastering Criminal Law as part of the NextGen Bar Exam. The objectives will guide you through the definitions and elements of attempt, conspiracy, and solicitation, as well as how accomplice liability operates among multiple actors. By the end of this lesson, students will not only know the legal definitions but will also be able to analyze factual scenarios and apply relevant doctrines to ascertain criminal liability.

Learning Objectives:

• Define inchoate crimes and their types: attempt, conspiracy, and solicitation.
• Understand the concept of accomplice liability.
• Analyze applicable defenses including insanity, self-defense, and intoxication.
• Examine the elements of inchoate offenses.
• Apply principles of accomplice liability to scenarios involving multiple actors.

1. Inchoate Crimes

1.1 Definition and Types of Inchoate Crimes

Inchoate crimes are offenses that are not fully realized. They involve actions taken toward committing a crime that ultimately do not culminate in the actual criminal act. The law recognizes several types of inchoate crimes:

• Attempt: The effort to commit a crime, even if unsuccessful. To qualify as an attempt, a defendant must take substantial steps towards committing a crime.
• Conspiracy: An agreement between two or more parties to commit a crime. Even if the crime is never committed, the agreement constitutes a crime in itself.
• Solicitation: The act of encouraging or requesting another person to engage in criminal conduct.

1.2 Attempt

1.2.1 Elements of Attempt

An attempt occurs when:

1. The defendant intends to commit a crime.
2. The defendant takes a substantial step toward completing that crime.

1.2.2 Example of Attempt

Imagine that students decides to rob a bank. students enters the bank and shows a weapon, demanding cash. However, before receiving any money, students becomes apprehensive and leaves without taking anything. Here, students has taken substantial steps towards committing robbery but has not completed the act. Thus, students can be charged with attempted robbery.

1.3 Conspiracy

1.3.1 Elements of Conspiracy

Conspiracy is defined by the following criteria:

1. Two or more people agree to commit a crime.
2. At least one of the conspirators takes some overt act in pursuit of the conspiracy.

1.3.2 Example of Conspiracy

Consider a scenario where students and an accomplice plan to break into a house. They buy tools like crowbars and maps of the neighborhood. Even if they are arrested before attempting the break-in, they can be charged with conspiracy to commit burglary. Their agreement, along with the preparations made, satisfies the criteria for conspiracy.

1.4 Solicitation

1.4.1 Elements of Solicitation

Solicitation requires:

1. The defendant urges or requests another to commit a crime.
2. The solicitation must be intended and is made for the purpose of encouraging the commission of a crime.

1.4.2 Example of Solicitation

Suppose students contacts a hitman and offers payment to kill someone. Even if the hitman does not accept or act on that request, students can be charged with solicitation to commit murder, since the crime of solicitation lies in the act of encouraging another to commit a crime.

2. Accomplice Liability

2.1 Definition

Accomplice liability holds individuals criminally responsible for assisting, encouraging, or facilitating the commission of a crime by another person. Under this doctrine, all participants in the crime can be liable regardless of their level of participation.

2.2 Elements of Accomplice Liability

To establish accomplice liability, the following elements usually need to be proven:

1. The primary offender committed a crime.
2. The accomplice assisted, encouraged, or facilitated the offense.
3. The accomplice had the intent to aid the primary offender in committing the crime.

2.3 Example of Accomplice Liability

Imagine two friends, students and co-conspirator, choose to rob a store. students drives the getaway car while the co-conspirator enters the store and threatens the clerk. If the robbery is successful, both can be charged with robbery; students is liable as an accomplice because of their role in facilitating the crime even though they did not enter the store.

3. Defenses to Criminal Liability

3.1 Overview of Defenses

Defenses represent a justification or excuse for criminal conduct. Familiarizing yourself with common defenses will improve students's analytical skills and understanding of criminal liability.

3.2 Insanity Defense

3.2.1 Definition

The insanity defense argues that, at the time of the crime, the defendant was unable to understand the nature of the act or distinguish between right and wrong due to a severe mental disorder.

3.2.2 Example of Insanity Defense

If students committed a robbery while being unable to recognize the criminality of the behavior due to a diagnosed mental illness, students may raise an insanity defense, which could lead to a verdict of not guilty by reason of insanity.

3.3 Self-Defense

3.3.1 Definition

Self-defense permits an individual to use reasonable force to protect themselves from imminent harm or threat. The force used must be proportional to the threat faced.

3.3.2 Example of Self-Defense

If students is attacked by an aggressor and retaliates with a punch, resulting in the aggressor’s injury, students may claim self-defense, arguing that the action was reasonable given the immediate threat to personal safety.

3.4 Intoxication

3.4.1 Definition

Intoxication may serve as a defense, depending on whether it is voluntary or involuntary. Involuntary intoxication, where the defendant was drugged without their knowledge, may absolve liability.

3.4.2 Example of Intoxication Defense

If students unwittingly consumes a drug and becomes incapacitated, committing a robbery during that time, students may argue that due to the involuntary nature of intoxication, they lacked the capacity to form criminal intent.

Conclusion

In conclusion, understanding inchoate crimes and accomplice liability is essential for navigating Criminal Law. Through studying these concepts, students will be equipped to identify various charges, apply relevant defenses, and analyze the roles of individuals in criminal conduct. Mastery of these topics not only aids in passing the NextGen Bar Exam, but also fosters a deeper understanding of the complexities of justice.

Study Notes

• Inchoate crimes consist of attempt, conspiracy, and solicitation.
• Attempt requires intent and substantial steps toward the crime.
• Conspiracy is an agreement to commit a crime with an overt act.
• Solicitation involves encouraging another to commit a crime.
• Accomplice liability encompasses aiding or facilitating a crime.
• Common defenses include insanity, self-defense, and intoxication.
• Each defense has specific elements and examples to consider.