Criminal Law

Lesson 27: Elements of Inchoate Crimes

Inchoate crimes, also known as incomplete crimes, refer to acts that involve the intention to commit a crime but where the crime has not been successfully completed. This lesson delves into the key elements of inchoate crimes, including attempt, conspiracy, and solicitation.

1. Attempt

An attempt to commit a crime involves an individual taking substantial steps towards committing the crime, even if the crime itself is not completed. The two main elements of an attempt are:

Intent: The individual must have the intention to commit the crime.
Substantial Steps: The individual must take significant steps towards completing the crime, beyond mere preparation.

It is important to distinguish between mere preparation and substantial steps. Simply preparing to commit a crime is not enough to be charged with an attempt.

Example: John buys a gun and drives to a bank intending to rob it, but changes his mind before entering. John could be charged with an attempt because he took substantial steps towards committing the robbery.

2. Conspiracy

Conspiracy involves an agreement between two or more people to commit a crime. The primary elements are:

Agreement: There must be a mutual agreement between two or more people to commit a crime.
Overt Act: At least one of the conspirators must commit an overt act in furtherance of the conspiracy. The overt act does not have to be illegal in itself.

Note that the agreement does not have to be formal or written. A spoken or informal agreement is sufficient.

graph TD A["Conspiracy Agreement"] B["Overt Act"] C["Crime Not Completed"] A --> B B --> C

3. Solicitation

Solicitation involves encouraging, requesting, or commanding another person to commit a crime. Key elements include:

Intent: The solicitor must intend for the crime to be committed.
Inducement: The solicitor must actively encourage, request, or command another person to commit the crime.

Example: Mary offers Steve $5,000 to kill her business rival. Mary could be charged with solicitation because she actively induced Steve to commit a crime.

Legal Insights

Understanding inchoate crimes is crucial for navigating the complexities of criminal law. These crimes emphasize the importance of intent and substantial steps towards completing a crime. For further reading, see our articles on Definition of Crime and Elements of a Crime.

Conclusion

Inchoate crimes play a significant role in the criminal justice system by addressing the early stages of criminal activity. By recognizing attempt, conspiracy, and solicitation, the law aims to prevent crimes before they occur.