Analysis of Inchoate Crimes: Solicitation, Conspiracy, and Attempt in Criminal Law
Overview
This paper examines the three categories of inchoate crimes—solicitation, conspiracy, and attempt—and applies these legal concepts to a hypothetical case involving Maria. The analysis evaluates whether Maria could be charged with any of these crimes based on her actions and the evidence available, concluding that insufficient evidence exists for prosecution.
What this coursework covers
- Definition and explanation of inchoate crimes: attempt, conspiracy, and solicitation
- Case scenario analysis of Maria's conduct at the bar and parking lot
- Legal conclusion regarding lack of sufficient evidence for criminal charges
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Solicitation, Conspiracy, or Attempt
Solicitation, Conspiracy, and Attempt are known as inchoate crimes and are typically associated with certain offenses. All these crimes are usually involving the preparation to perpetrate or commit a crime. In this regard, an individual can be prosecuted even if they do not commit the crime itself. A criminal attempt usually includes taking substantial steps that usually lead to actual crime. In order to understand whether Maria can be accused of solicitation, attempt, or conspiracy, we will evaluate what these crimes entail and whether the case qualifies for a charge on any of these crimes.
An attempt entails taking of significant steps that are intended to fulfill the crime or having an intention to complete the crime. An example of a scenario where an individual can be accused of attempting crime is when they take someone's car. In this case, the person is usually accused of attempting to steal the car (Fowler). On the other hand, a conspiracy is usually committed when two individuals agree to undertake a criminal act as long as one individual in the conspiracy commits an overt act that can lead to the completion of the crime. Whenever one of the parties involved in the conspiracy commits the overt act, both individuals may be accused of conspiracy. Finally, solicitation entails an individual trying to persuade another to perpetrate a particular crime. The process of solicitation includes commanding, encouraging, hiring, and requesting another person to undertake the crime.