Lesson 6.2: Inchoate Crimes, Parties, and General Principles

Introduction

In this lesson, we will explore inchoate crimes, parties to a crime, and the general principles that inform criminal law. Our objectives include understanding the definitions and distinctions among attempt, conspiracy, and solicitation, as well as analyzing the crucial elements necessary for establishing criminal liability such as actus reus, mens rea, and causation. This lesson aims not only to help you grasp these concepts at a foundational level but also to apply them in practical scenarios.

Objectives

• Understand the definitions and characteristics of attempt, conspiracy, solicitation, and parties to a crime.
• Discuss the significance of acts and omissions, required mental states, strict liability, causation, and jurisdiction in criminal law.
• Differentiate between attempt, conspiracy, and solicitation while understanding the merger rules that apply.
• Analyze actus reus, mens rea, and causation as they pertain to charged offenses.
• Familiarize yourself with the terminology and concepts relevant to inchoate crimes and parties.

Inchoate Crimes

Inchoate crimes refer to actions that are intended to lead to the commission of another crime but have not yet fully materialized. These crimes encompass three primary categories: attempt, conspiracy, and solicitation.

Attempt

Definition: An attempt occurs when a person takes substantial steps toward committing a crime but fails to complete the act.

Key Elements of Attempt

1. Intent: The individual must have a clear intent to commit the underlying crime. In other words, they must possess the mens rea necessary to engage in the prohibited conduct.
2. Substantial Step: The person must take substantial steps towards completing the crime. A mere preparation or plan is not sufficient; there must be actions that show the individual is moving closer to the commission of the crime.

Example of Attempt

Imagine a person named Jack plans to rob a bank. He acquires a mask and a firearm and drives to the bank parking lot, but before entering, he gets scared and drives away. In this case, Jack has demonstrated intent and taken substantial steps, meaning he can be charged with attempted robbery, even though the crime was not completed.

Conspiracy

Definition: Conspiracy involves an agreement between two or more persons to commit a criminal act, combined with an overt act in furtherance of that agreement.

Key Elements of Conspiracy

1. Agreement: Two or more parties must agree to commit a crime.
2. Overt Act: At least one conspirator must take an overt act towards advancing the conspiracy, which does not need to be illegal; any act that shows the movement towards conspiracy is enough.
3. Intent: Each conspirator must have the intent to commit the crime.

Example of Conspiracy

Suppose Sarah and Emily meet and agree to commit arson by burning down a rival store. They buy gasoline and drive to the location. Even if they are caught before actually starting the fire, both could be charged with conspiracy to commit arson due to their agreement and the overt act of purchasing gasoline.

Solicitation

Definition: Solicitation occurs when a person encourages, requests, or commands another person to commit a crime with the intent that the crime be carried out.

Key Elements of Solicitation

1. Encouragement: The individual must solicit another person to commit a crime.
2. Intent: The person soliciting must intend for the crime to happen.

Example of Solicitation

Consider a scenario where Tom asks his friend Mike to help him rob a bank, offering him money for his participation. Tom can be charged with solicitation to commit robbery, even if Mike declines the offer and no crime occurs.

Distinction Between Attempt, Conspiracy, and Solicitation

While all three concepts relate to planning or attempting to commit a crime, they each have specific definitions and elements that differentiate them:

• Attempt requires a substantial step toward committing the crime, while conspiracy involves an agreement and an overt act, and solicitation focuses on encouraging another to commit a crime.
• Importantly, an individual can be charged with both conspiracy and attempt for the same underlying crime.
• However, solicitation usually does not merge into the completed crime; if solicitation succeeds, it is treated distinctly.

Parties to a Crime

In addition to inchoate offenses, it's essential to understand the roles different individuals may play in the commission of a crime. These roles can impact the degree of liability each individual faces.

Accomplice

An accomplice is someone who assists or encourages the principal actor in committing the crime. They are often held legally responsible to the same extent as the principal offender.

Example of Accomplice

If Jack robs a bank and his friend James drove the getaway car and knew about the robbery, James could be charged as an accomplice, potentially facing the same penalties as Jack.

Accessory Before the Fact

An accessory before the fact assists in the planning of a crime but is not present during its commission. While they can be charged with the same offense, their liability may vary based on jurisdiction.

Example of Accessory Before the Fact

Using the previous example, if Sarah provided information to Jack about the bank's security system but did not participate in the robbery itself, she would be an accessory before the fact.

Accessory After the Fact

An accessory after the fact helps the principal after the crime has been committed, often by providing aid to escape or conceal the crime. Their charges often depend on their actions post-crime.

Example of Accessory After the Fact

If Emily helps Jack hide the stolen money after the robbery, she can be described as an accessory after the fact.

General Principles of Criminal Law

Understanding criminal law also involves grasping a few general principles that govern its application.

Actus Reus

Definition: "Actus reus" refers to the physical act or the omission of an act that constitutes a crime. It is critical to establish that the defendant’s actions directly led to the crime.

Example of Actus Reus

If John accidentally injures someone while driving recklessly, his act of driving constitutes the actus reus, and he could be charged with assault.

Mens Rea

Definition: "Mens rea" refers to the mental state or intent behind committing a crime. This can vary significantly from negligence to purposefully intending to commit a crime.

Types of Mens Rea

1. Intent: Purposeful actions aiming to achieve a specific outcome.
2. Knowledge: Awareness that one’s actions could result in a criminal outcome.
3. Recklessness: Conscious disregard of a substantial risk.
4. Negligence: Failing to recognize a risk that a reasonable person would see.

Causation

Causation links the actus reus and the harm caused. It can be divided into two parts: factual causation (the "but for" test) and legal causation (proximate causation).

Example of Causation

If Jack’s actions lead to a serious car accident, a prosecutor would apply the "but for" test: but for Jack's reckless driving, the accident would not have occurred.

Conclusion

In conclusion, understanding inchoate crimes, parties, and the general principles of criminal law provides a foundational framework for analyzing criminal liability. Recognizing the distinctions between attempts, conspiracies, and solicitations, as well as understanding the roles of different parties to a crime, is essential for a comprehensive grasp of legal principles at play.

Study Notes

• Inchoate Crimes: Attempt, Conspiracy, Solicitation.
• Attempt requires intent and substantial steps towards criminal act.
• Conspiracy involves an agreement and overt act among two or more.
• Solicitation is requesting another to commit a crime with intent.
• Parties to a crime include principal, accomplice, accessory before the fact, and accessory after the fact.
• Actus reus is the physical act of the crime; mens rea is the mental state.
• Causation links the defendant's actions to the crime and harm caused.