LaFave on Criminal Law: Inchoate Offenses

Attempt

The section defines 'attempt' as the intention to commit a crime combined with a substantial step towards its commission. LaFave distinguishes between factual impossibility and legal impossibility, explaining that factual impossibility does not negate liability under the attempt doctrine if the intent and overt acts are present.

• Mens Rea: The intent to commit the substantive offense is required.
• Actus Reus: A substantial step must be taken towards committing the crime.

Solicitation

Solicitation is defined as the act of encouraging or requesting another to commit a crime. The focus is placed on the actor’s intent and whether the solicitation itself is sufficient for liability, regardless of the solicited party's actions. LaFave emphasizes that conspiracy does not need to occur for solicitation to be actionable.

• Intent: The solicitor must intend for the crime to be committed.
• Communicative Act: The act of solicitation must be made to induce the commission of a crime.

Conspiracy

Conspiracy involves an agreement between two or more persons to commit a criminal act coupled with an overt act in furtherance of that agreement. LaFave explores the requirement of the 'overt act,' its sufficiency, and how it establishes liability for conspirators even if the substantive offense is not completed. The chapter highlights the distinction between unilateral and bilateral conspiracy.

• Agreement: There must be an agreement to commit a crime.
• Overt Act: At least one overt act must be performed to advance the conspiracy.

Mens Rea in Inchoate Offenses

A thorough understanding of mens rea is crucial in inchoate offenses, as it influences liability. LaFave examines the varying requirements for different inchoate offenses, detailing how different mental states can affect a charge's viability and severity. The necessity of specific intent versus general intent is critically addressed.

• Specific Intent: Inchoate offenses typically require specific intent regarding the substantive crime.
• General Intent: Some jurisdictions may classify attempted offenses as requiring only general intent.

Defenses to Inchoate Offenses

This section explores potential defenses available to individuals charged with inchoate offenses, including abandonment and impossibility. LaFave explains that abandoning the criminal intent prior to completing the overt act can be a viable defense, along with discussing how the nature of impossibility influences liability.

• Abandonment Defense: Voluntary abandonment of the crime can serve as a defense if done before taking a substantial step.
• Impossibility Defense: Legal impossibility may serve as a defense, but factual impossibility generally does not.

Attempt

An effort to commit a crime that goes beyond mere preparation but fails to complete the act.

Solicitation

The act of requesting or encouraging another person to commit a crime.

Conspiracy

An agreement between two or more persons to commit a crime, requiring at least one overt act in furtherance.