Unit 15 Preliminary Crimes

Certain types of behavior take place before the commission of a crime but are nevertheless complete crimes in themselves. These offenses - solicitation, attempt, and conspiracy - give the police the opportunity to prevent the intended crime. Each offense can be punished even if the harm intended never occured.

Solicitation

A number of states make it a crime for a person to solicit (i.e., ask, command, urge, advise) another person to commit a crime. For example, Danny wishes to kill his wife, Jean. Lacking the nerve to do the job himself, he asked Wally to kill her. Even if Wally refuses, Danny has committed the crime of solicitation.

Attempt

In most states, an attempt to commit a crime is in itself a crime. To be guilty of the crime of attempt, the accused must have both intended to commit a crime and taken some substantial step toward committing the crime. Mere preparation to commit a crime is not enough. The difficult problem with the crime of attempt is determining whether the actions of the accused were a step toward the actual commission of a crime or mere acts of preparation. A common example of attempt is the situation in which a person decides to shoot and kill someone but, being a poor shot, misses the intended victim. The person doing the shooting would be liable for attempted murder.

Conspiracy

A conspiracy is an agreement between two or more persons to commit a crime. The crime of conspiracy is designed as a means of preventing other crimes and striking against criminal activity by groups. However, it is sometimes criticized as a threat to freedom of speech and association. For example, during the Vietnam War, the government charged people with conspiracy for speaking publicly to young men on how to avoid the draft^* . Many critics of conspiracy said accused were being denied the freedom of speech.

An example of criminal conspiracy is the situation in which Danny wants his wife, Jean, killed and asked Wally to commit the murder. If Wally agrees to Danny’s request and then takes some step to commit the crime, both are guilty of conspiracy to commit murder, even if the murder is never attempted or accomplished.

In most states and in federal law, an overt act is required for conviction on a conspiracy charge. In the example of the draft evasion cases, speeches made at an antidraft rally were cited as the overt acts on which conspiracy charges were based.

Recognition Vocabulary

nouns	verbs	adjectives
commission - совершение (преступления) solicitation - подстрекательство attempt - попытка, покушение conspiracy - заговор opportunity - возможность harm - вред step - шаг shot - стрелок, выстрел means - средство threat - угроза rally - митинг murder - убийство	punish - наказывать solicit - подстрекать urge - настоятельно советовать, подгонять refuse - отказывать(ся) deny - отрицать, отказать (кому-либо) accomplish - завершать charge (with) - обвинять (в)	certain - некоторый complete - полный, законченный substantial - существенный actual - действительный liable (for) - ответственный за overt - открытый, явный
word-combinations a complete crime in itself - преступление само по себе, собственно преступление; to intend harm ( a crime) - намереваться причинить вред (совершить преступление); to take steps towards something - предпринять шаги для чего-либо; to be a poor shot - быть плохим стрелком; freedom of speech and association - свобода слова и собрания; to deny somebody something (ed. freedom of speech, right, etc.) - отказать кому-либо в чем-либо.