Law School Criminal Law Lecture Twenty-Eight Inchoate Crimes: Attempt, Conspiracy, and Solicitation
Understanding Inchoate Crimes: Definition and Significance
In the world of criminal law, we often think of crimes in terms of completed acts. However, the legal system also prosecutes individuals for inchoate crimes, which are offenses that are not yet complete. The word "inchoate" comes from the Latin inchoare, meaning "to begin" or "to start," perfectly capturing the essence of these offenses.
What are Inchoate Crimes?
An inchoate crime is a crime of preparing for or seeking to commit another crime. These crimes are significant because they allow law enforcement to intervene and prevent more serious offenses from occurring. The core idea is that the intent to commit a crime, when coupled with a substantial step toward its commission, is itself a punishable offense. The three main types of inchoate crimes are:
Attempt: This is perhaps the most common inchoate crime. It involves the specific intent to commit a crime and a significant act toward its commission. For example, if someone intends to rob a bank and is caught placing a ski mask and a weapon in their car as they drive to the bank, they could be charged with attempted robbery. The act must go beyond mere preparation and move toward the actual commission of the offense.
Conspiracy: Conspiracy is an agreement between two or more people to commit a crime. The key element is the agreement itself, followed by an overt act by one of the co-conspirators in furtherance of the crime. The act doesn't have to be a crime in itself; it just needs to show that the plan is moving forward. For instance, if two people agree to steal a car and one of them buys a tool to break into it, they could both be charged with conspiracy.
Solicitation: This involves persuading, encouraging, or commanding another person to commit a crime. The crime is complete once the person asks or hires someone to commit the offense, regardless of whether the other person agrees or if the crime is actually carried out. For example, if you offer a friend money to break into your rival's house, you could be charged with solicitation, even if your friend refuses.
Why Are They So Important?
The legal concept of inchoate crimes is vital for several reasons:
Crime Prevention: Prosecuting inchoate crimes allows the criminal justice system to intervene before a more serious offense can be completed. This can save lives, prevent property damage, and protect the public. By arresting someone for attempted murder, for instance, a life is potentially saved.
Punishing Dangerous Intent: Inchoate crimes recognize that the intent to harm, when combined with a concrete step toward that goal, is a social harm in itself. It demonstrates a dangerous mindset and a willingness to break the law, which warrants punishment regardless of the outcome.
Deterrence: The existence of these laws acts as a deterrent. Knowing that you can be prosecuted for planning a crime, even if you don't succeed, may discourage people from taking those initial steps.
Understanding inchoate crimes is crucial for anyone interested in law. These offenses highlight a fundamental principle of our legal system: criminal responsibility isn't solely based on outcomes, but also on intent and the actions taken to achieve that intent. They serve as a proactive measure to protect society from individuals who demonstrate a clear and present danger.
Takeaways
Inchoate crimes focus on incomplete actions towards a crime.
Attempt requires specific intent and a substantial step.
Conspiracy is a powerful prosecutorial tool due to its evidentiary advantages.
The MPC allows for earlier intervention in criminal attempts than common law.
Legal impossibility can be a defense to attempt, but factual impossibility is not.
Conspiracy does not merge with the completed crime, unlike attempt and solicitation.
Solicitation is complete upon making a request, regardless of the response.
Withdrawal from conspiracy does not negate the conspiracy itself but can limit future liability.