Unfinished crimes are known in criminal law as inchoate crimes

When determining the difference between crimes and inchoate crimes, I would like to start with the quote from Hall, D. E. (2023), “Unfinished crimes are known in criminal law as inchoate crimes” (pg. 214). Crimes and inchoate offenses are both punishable in court and they both require actions with intent to commit the final act. However, a crime is the action to completion (you stole something), where inchoate is the steps to commit said crime (you tried to steal something). This brings us to attempt, conspiracy, and solicitation as ways we can punish inchoate crimes, even though they are unfinished. Below I will break down the three preventative methods of punishing incomplete crimes, which may prevent people from starting the process to commit a crime, but more importantly, help assure that law enforcement do not wait until a crime is compete in order to establish a conviction.

Attempt – Crimes go unfinished for many reason (police intervention or failure when attempting), but that does not excuse someone from criminal liability. Attempt is when someone tries to physically carry out an act, but the intended outcome does not get accomplished.

Conspiracy – Is when two or more people make intentional plans to commit a crime. The agreement itself satisfies actus reus and the actual intent is the mens rea. One thing to consider is Wharton’s Rule, where you cannot charge two people for conspiracy and the act itself, if it is a two-person crime. Conspiracy requires more participants than the crime execution takes; two person crimes requires three people for conspiracy.

Solicitation – This is when you try to coerce, force, encourage, support, or request someone else to commit a crime. The biggest crime that this is linked to is prostitution.

Question 2

The distinction between crimes and inchoate crimes is fundamental in criminal law. Crimes are completed illegal acts in which a person commits an action or fails to act in a way that violates a law and results in harm or danger. Common examples of crimes include theft, assault, and murder. On the other hand, inchoate crimes involve incomplete crimes or crimes that are initiated but not fully carried out. These offenses focus on the intent to commit a crime and the steps taken towards it, even if the crime itself remains unfinished. Some examples of inchoate crimes include attempt, conspiracy, and solicitation. Attempt refers to situations where a person tries to commit a crime but fails to complete it, such as an interrupted robbery. Conspiracy involves two or more individuals agreeing to commit a crime and taking steps toward that plan. Solicitation refers to persuading someone else to commit a crime, such as hiring a hitman to carry out a murder.

I agree that the approach to inchoate offenses can potentially violate individual rights, particularly the right to due process. Inchoate crimes criminalize actions that are incomplete, meaning that individuals are often punished for their intentions or preparations rather than actual harm caused. This raises concerns about whether it is fair or just to penalize someone for merely planning or attempting to commit a crime that was never fully realized.

Additionally, this approach could lead to premature punishment. Individuals may face legal consequences for acts that, while indicative of criminal intent, did not result in harm. There is also the risk of overbroad application, where individuals are charged based on weak or circumstantial evidence of their intent.

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