Unit Four Seminar Inchoate Crimes Prof. Hulvat

Housekeeping… Writing Assignment this week…look at the announcement; very specific scenario Writing Assignment this week…look at the announcement; very specific scenario Very specific grading criteria Very specific grading criteria One DB question and a Quiz One DB question and a Quiz Post early and often…we’re still seeing late posters Post early and often…we’re still seeing late posters Posts on 3 days of the academic week Posts on 3 days of the academic week Late work…contact me! Late work…contact me!

Writing Assignment Attempt: Main goals of the assignment Attempt: Main goals of the assignment Identify the offense of attempt committed Identify the offense of attempt committed Discuss the concept of complete and incomplete attempts Discuss the concept of complete and incomplete attempts Discuss the impossibility defense Discuss the impossibility defense Apply all of this to the Jack, Bert and Pratt Scenario Three Grading Criteria! Plagiarism……

Midterm Week Final Objective Exam Final Objective Exam 25 true/false 25 true/false 25 multiple choice 25 multiple choice Open book Open book 3 hour entry 3 hour entry One entry One entry PREPARE!!!!!!! PREPARE!!!!!!!

What is an Inchoate Crime? Inchoate crimes, also called incomplete crimes Inchoate crimes, also called incomplete crimes  acts which involve the inclination to commit, or indirect participation in, a criminal offense.  Since there is an obvious public interest in the need to prevent crime, inchoate crimes were originally defined under common law as separate and distinct offenses. Inchoate crimes include: Attempt Attempt Conspiracy Conspiracy Solicitation Solicitation

Attempt 3 elements: 3 elements: Act (substantial step) Act (substantial step) Intent to commit the offense Intent to commit the offense Failure to commit Failure to commit Key here is the “substantial Step”4 Key here is the “substantial Step”4 Examples! Examples! Homicide Homicide Attempt armed robbery Attempt armed robbery

ATTEMPT Types Types Complete Attempt – Person takes every step towards the commission of the crime but just does not succeed. Complete Attempt – Person takes every step towards the commission of the crime but just does not succeed. Incomplete Attempt – Person abandons or stops short of completion of the crime or is prevented from completing the crime due to some outside source or event out of the control of the person. Incomplete Attempt – Person abandons or stops short of completion of the crime or is prevented from completing the crime due to some outside source or event out of the control of the person.

Defenses to Attempt Factual Impossibility – What is it? Factual Impossibility – What is it? NOT a legal defense NOT a legal defense Watch how the applies to our writing assignment Watch how the applies to our writing assignment Legal Impossibility Legal Impossibility Examples of each? Examples of each?

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

CONSPIRACY Punishes the act of entering into an agreement Punishes the act of entering into an agreement It is a separate crime than the target offense It is a separate crime than the target offense The actus reus for the crime is making the actual agreement The actus reus for the crime is making the actual agreement Modern law requires an overt act in furtherance of the conspiracy Modern law requires an overt act in furtherance of the conspiracy The mens rea is an intent that the object of the conspiracy be achieved The mens rea is an intent that the object of the conspiracy be achieved The actual agreement need not be expressed, it can be implied The actual agreement need not be expressed, it can be implied All the details of the conspiracy need not be known for criminal liability All the details of the conspiracy need not be known for criminal liability A meeting of the minds with the requisite criminal intent is sufficient A meeting of the minds with the requisite criminal intent is sufficient For example, two or more individuals plotting to kill, deal drugs or commit basically any crime For example, two or more individuals plotting to kill, deal drugs or commit basically any crime Co-conspirators are responsible for all acts committed in futherance of the conspiracy Co-conspirators are responsible for all acts committed in futherance of the conspiracy

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

Solicitation The mens rea for the crime of solicitation is purpose The mens rea for the crime of solicitation is purpose This crime is complete once the solicitor incites, urges, entices or otherwise invites another person to commit a crime. This crime is complete once the solicitor incites, urges, entices or otherwise invites another person to commit a crime. A solicitation need not involve words. Gestures can be used as well A solicitation need not involve words. Gestures can be used as well The crime of criminal solicitation is the actual soliciting or inducing another to commit the crime; it is not the subsequent commission of the crime The crime of criminal solicitation is the actual soliciting or inducing another to commit the crime; it is not the subsequent commission of the crime For example, criminal solicitation commonly involves crimes such as prostitution and drug dealing. For example, criminal solicitation commonly involves crimes such as prostitution and drug dealing. Example???? Example????

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

How Does Inchoate Crime Differ from Complete Crime Complete Crime = When a crime has been carried out and all elements are present for a prosecutor to secure a conviction, including the actus reus and mens rea. Complete Crime = When a crime has been carried out and all elements are present for a prosecutor to secure a conviction, 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 happening An event prevents the crime from happening A perpetrator cannot physically complete the crime A perpetrator cannot physically complete the crime A perpetrator does not have the mental capacity to commit the crime A perpetrator does not have the mental capacity to commit the crime Person abandons the crime Person abandons the crime Overt act to establish conspiracy is present Overt act to establish conspiracy is present A person cannot be charged with an inchoate crime and the complete crime. For example, you cannot be charged with attempted murder AND murder. You could only be charged with one or the other. (exception is conspiracy) A person cannot be charged with an inchoate crime and the complete crime. For example, you cannot be charged with attempted murder AND murder. You could only be charged with one or the other. (exception is conspiracy) - Inchoate crimes must involve some outward action or a substantial step in the completion of the crime. For example, just thinking inwardly about committing a crime does not constitute a criminal offense. Taking any action towards committing that crime may constitute an inchoate crime.

Differences After the Arrest - To be convicted of an inchoate crime, the prosecutor / State’s Attorney must prove beyond a reasonable doubt that you had a “specific intent” (mens rea) to commit or contribute to the actual crime. - Penalties and Sentencing: Penalties are usually assigned for inchoate offenses, though the sentence for an inchoate crime may be equal to the penalties for the actually crime. For example, the penalties for solicitation of prostitution may be equal to the penalties for prostitution itself.

Questions for Discussion Can a threat be an attempt crime? Can a threat be an attempt crime? Which is closer to a complete crime, attempt or solicitation? Which is closer to a complete crime, attempt or solicitation? If the person you solicit to commit a crime will not agree to commit the crime, can you still be prosecuted for the solicitation? If the person you solicit to commit a crime will not agree to commit the crime, can you still be prosecuted for the solicitation? Can an accomplice to a crime be a co- conspirator? Can an accomplice to a crime be a co- conspirator? Which of the inchoate crimes is easiest for the state to prosecute? Which of the inchoate crimes is easiest for the state to prosecute?

Questions or comments? Prof. Hulvat