Chapter 7
Attempt, Conspiracy, and Solicitation
Chapter Summary
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Inchoate crimes
Attempt
Elements of attempt
Steps of attempt
Conspiracy
Solicitation
Lippman, Contemporary Criminal Law, Second Edition
Introduction
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Individuals can be convicted and punished for
an intent to complete a crime.
This intent must be accompanied by a
significant step toward the commission of the
offense.
Conspiracy punishes an agreement to commit a
crime, when accompanied by an over act.
Solicitation punishes an effort to persuade
another individual to commit a crime.
Lippman, Contemporary Criminal Law, Second Edition
Attempt
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Two types
complete, yet imperfect
 incomplete
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Attempt is punished as the offense attempted,
but to a lesser degree.
Lippman, Contemporary Criminal Law, Second Edition
Legal Equation
Lippman, Contemporary Criminal Law, Second Edition
Punishment of Attempt
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Retribution
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Utilitarianism
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the individual is as morally blameworthy as one who
successfully commits the offense
punishing an attempt as a lesser offense gives the offender
incentive to abort the act before it is completed
Incapacitation
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the individual has already shown him or herself to be a
threat to society
Lippman, Contemporary Criminal Law, Second Edition
Elements of Attempt
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Three elements
criminal act
 criminal intent
 failure to commit the attempted act
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Lippman, Contemporary Criminal Law, Second Edition
Mens Rea of Attempt
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Intent must exist to commit the attempted act.
Intent must also exist to achieve a specific
criminal objective.
Lippman, Contemporary Criminal Law, Second Edition
Actus Reus of Attempt
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Objective
the act must come extremely close to the
commission of the crime
 stresses the danger posed by a defendant’s acts
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Subjective
focuses on the individual’s intent rather than acts
 stresses the danger posed by a defendant who
possesses a criminal intent
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Lippman, Contemporary Criminal Law, Second Edition
Actus Reus of Attempt, cont.
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Three major legal tests
physical proximity the the commission of a crime
 unequivocality or clarity of purpose to commit a
crime
 Model Penal Code: substantial step toward
commission of a crime
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Lippman, Contemporary Criminal Law, Second Edition
Defenses to Attempt
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Factual impossibility of completion of an
offense is not a valid legal defense.
Legal impossibility of completion of an offense
is a valid legal defense.
Voluntary abandonment of a criminal act can be
a valid legal defense.
Involuntary abandonment of a criminal act is
not a valid legal defense.
Lippman, Contemporary Criminal Law, Second Edition
Conspiracy
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An agreement between two or more persons to
commit a criminal act
Intervention protects society by arresting
individuals before they commit a crime.
Such laws are necessary to deter individuals as
group pressure makes it less likely that
conspirators will be deterred.
Lippman, Contemporary Criminal Law, Second Edition
Conspiracy, cont.
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Pinkerton Rule
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an individual is guilty of all criminal acts committed
by any of the conspirators in furtherance of the
conspiracy
Generally, conspiracy to commit a felony is a
felony, to commit a misdemeanor is a
misdemeanor
Lippman, Contemporary Criminal Law, Second Edition
Legal Equation
Lippman, Contemporary Criminal Law, Second Edition
Actus Reus of Conspiracy
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Defendant(s) must enter into an agreement to
commit a crime
An overt act must be committed in furtherance
of the agreement (required in some states)
Lippman, Contemporary Criminal Law, Second Edition
Mens Rea of Conspiracy
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Knowledge Standard
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being aware of intended illegal activity
Purpose Standard
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intent to further or promote the specific criminal
objective
Lippman, Contemporary Criminal Law, Second Edition
Conspiracy, cont.
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Plurality requirement
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Bilateral conception
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conspiracy requires two or more persons
a charge of conspiracy against one conspirator will
fail if the other lacked mens rea
Unilateral conception
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a single individual can agree to enter into a
conspiracy even if the other person did not
Lippman, Contemporary Criminal Law, Second Edition
Legal Equation
Lippman, Contemporary Criminal Law, Second Edition
Types of Conspiracies
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Chain
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each conspirator links to each other
Wheel
each “spoke” conspirator connects to a “hub”
 “hubs” do not usually connect to one another
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Wharton’s rule
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two parties cannot be charged with conspiracy to
commit a crime that requires two people to commit
Lippman, Contemporary Criminal Law, Second Edition
Solicitation
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Commanding, hiring, or encouraging another
person to commit a crime
Prosecuted to deter cooperation among
criminals
Limits social danger
Intervenes before a crime is fully committed
Lippman, Contemporary Criminal Law, Second Edition
Actus Reus and Mens Rea of
Solicitation
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Actus Reus
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an effort to get another person to commit a crime
Mens Rea
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specific intent or purpose that another person
commit a crime
Lippman, Contemporary Criminal Law, Second Edition