Worrall & moore, criminal law and criminal procedure, 1e chapte

1. Worrall & Moore, Criminal Law and Criminal Procedure, 1e
Chapter 5
Inchoate Crimes
© 2014 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
1
CHAPTER OBJECTIVES
5.1
5.1
5.1
5.1
Explain the relationship of attempt to the substantive offense.
Summarize the defenses to charges of attempt.
Summarize what constitutes attempt.
Explain the concept of inchoate crimes.
© 2014 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved

2. 2
CHAPTER OBJECTIVES
5.2
5.2
5.2
5.2
Describe the defenses to conspiracy.
Distinguish solicitation from other inchoate crimes.
Describe solicitation.
Identify the elements and complications of conspiracy.
© 2014 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
3
Explain the Concept of
Inchoate Crimes
Learning Objectives
After this lecture, you should be able to complete the following
Learning Outcomes
5.1

3. 4
5.1
© 2014 by Pearson Higher Education, Inc
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5
5.1
6
Inchoate Crimes
Conspiracy
6
Explain the Relationship of Attempt to the Substantive Offense
Learning Objectives
After this lecture, you should be able to complete the following
Learning Outcomes
5.1

4. 7
8
5.1
The defendant has the specific intent to commit the underlying
offense and takes some action in furtherance of that intent, but
is unsuccessful in completing the crime.
Attempt
8
5.1
There is no crime of attempt that is not LINKED to another
substantive crime.
Attempted
Crime
Completed
Substantive
Offense
9
Linked
5.1
A defendant cannot be guilty of both the attempted and

5. completed crime.
Attempt
9
Summarize What Constitutes an Attempt
Learning Objectives
After this lecture, you should be able to complete the following
Learning Outcomes
5.1
10
5.1
11
Elements of a Crime
=Actus Reus
=Mens Rea
Intent to Commit
Crime
Overt Act Towards

6. Commission
Failure to Complete
Apparent Possibility of Commission
11
12
5.1
Physical
Proximity
Probable Desistance
Unequivocality
MPC
Substantial
Step
Last Act
Dangerous
Proximity
Indispensible
Element
Actus Reus Tests for Attempt
12

7. 5.1
13NAMETESTLast ActThe offender committed the last act
necessary to complete the target crimePhysical ProximityThe
offender is “nearly able” to complete the crimeIndispensable
ElementThe offender’s conduct is in “dangerous proximity to
success”Probable DesistanceUnlikely the offender will stop his
activities towards commission of the crimeUnequivocalityA
normal law abiding citizen views the offender’s actions as
criminal MPC Substantial Step Offender takes a substantial step
that corroborates the criminal purpose
Actus Reus Tests for Attempt
Summarize Defenses
to Charges of Attempt
Learning Objectives
After this lecture, you should be able to complete the following
Learning Outcomes
5.1
14
Impossibility
It is impossible to commit the attempt
Abandonment Complete and voluntary change of heart
15

8. 5.1
Defenses to Attempt
15
16
5.1
Factual Impossibility :
Extraneous circumstances prevent the defendant from
completing the crime
Legal Impossibility:
The action the defendant intends to perform is not a crime, even
if completed
vs.
Factual vs. Legal Impossibility
16
Identify the Elements and Complications of Conspiracy
Learning Objectives
After this lecture, you should be able to complete the following
Learning Outcomes
5.2

9. 17
18
5.2
Conspiracy
An agreement reached to commit a crime, with some states also
requiring an overt act in furtherance of the crime.
18
5.2
19
Agreement
Overt Act
(only some states)
Specific Intent
=Actus Reus
=Mens Rea

10. Elements of a Crime
19
5.2
Corrupt
Motive
Corrupt Motives Doctrine:
Some states require that the agreement has an evil purpose in
order to commit conspiracy
© 2014 by Pearson Higher Education, Inc
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20
Types of Conspiracies
5.2
Spoke and Wheel: one central actor (the hub) has control of all
aspects of the conspiracy, while the others (the spokes) only
control one aspect
Chain: the individuals at one end of the conspiracy are not
aware of the individuals at the other end
Wheel and Chain: a conspiracy with attributes of both the
spoke and wheel and chain conspiracies

11. 21
5.2
22
Imports Drugs
Runs
Gambling
Ring
Bribes Police
Murders Rival
Mafia Boss
Runs
Prostitution
Ring
Mafia Boss
Example of a Spoke and Wheel Conspiracy
22
Drug Lord
Buys
Large

12. Shipment
Sold to
Smaller
Street
Dealers
Sold to
College
Student at
Party
23
5.2
Transported
to
NYC
Smuggled
into
U.S.
Drugs Grown
in
Columbia
Gang in
Arizona
Buys
Drugs
Example of a Chain Conspiracy

13. 23
Describe the Defenses to Conspiracy
Learning Objectives
After this lecture, you should be able to complete the following
Learning Outcomes
5.2
24
5.2
Defenses to
Conspiracy
Abandonment
Withdrawal
Impossibility
Wharton’s Rule
© 2014 by Pearson Higher Education, Inc
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25
5.2

14. Wharton’s Rule: a conspiracy cannot occur when two persons
are required for the commission.
26
Describe Solicitation
Learning Objectives
After this lecture, you should be able to complete the following
Learning Outcomes
5.2
27
5.2
Words
Commanding
or Urging the
Commission of
a Crime
Specific
Intent

15. Solicitation
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28
5.2
Solicitation
Solicitation occurs when a person entices, advises, incites,
orders, or otherwise encourages someone else to commit a
crime.
For solicitation, there is no requirement that the crime actually
be completed.
Solicitation is typically limited to felonies or misdemeanors that
involve either obstruction of justice or breach of peace.
Solicitation does not occur if one person uses another as an
“innocent instrumentality” in the commission of a crime.
29
Distinguish Solicitation from other Inchoate Crimes
Learning Objectives
After this lecture, you should be able to complete the following
Learning Outcomes

16. 5.2
30
5.2
Solicitation
Conspiracy
An “Offer” to
Commit a Crime
An “Agreement” to Commit a Crime
Solicitation is distinguished from conspiracy. In general,
solicitation is an attempted conspiracy.
© 2014 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
31
An inchoate crime is one that is partial, unfinished, or begun
and not completed.
Criminal attempt is an adjunct crime, meaning it cannot exist by
itself. There is no crime of attempt that is not linked to some

17. other substantive crime.
Attempt occurs when the defendant has the specific intent to
commit the underlying offense and takes some action in
furtherance of that intent, but is unsuccessful in completing the
crime.
Legal impossibility is generally a defense to the crime of
attempt, while factual impossibility is not. Abandonment is
sometimes available as a defense in the attempt context.
CHAPTER SUMMARY
5.1
5.1
5.1
5.1
© 2014 by Pearson Higher Education, Inc
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32
Conspiracy is an agreement reached to commit a crime, in some
states an overt act in furtherance of the crime is also required.
The four main defenses to conspiracy are abandonment,
withdrawal, impossibility, and Wharton’s Rule.
Solicitation occurs when a person entices, advises, incites,
orders, or otherwise encourages someone else to commit a
crime.
Solicitation is distinguished from conspiracy. In general,
solicitation is an attempted conspiracy.
CHAPTER SUMMARY

18. 5.2
5.2
5.2
5.2
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33
8:40 AM (CST)
Assignment Details
Assignment Description
Click here to refer to the instructions for the Unit 5 lab tasks.
Assignment Details
You were hired as the manager for network services at a mediu
m-sized firm. This firm has 3 offices in 3 American cities. Rece
ntly, the firm upgraded its network environment to
an infrastructure that supports converged solutions. The infrastr
ucture now delivers voice, data, video, and wireless solutions. U
pon assuming the role of network manager, you
started reviewing the documentation and policies in place for th
e environment to ensure that everything is in place for the upco
ming audit. You notice that a formal network
security policy is nonexistent. You need one. The current netwo
rk environment and services are as follows:

19. The environment hosts a customer services database.
The e-mail service is available, with each user having his or her
own mailbox.
There is a sales team of 20 staff. They work remotely using lapt
ops.
A routed voice network exists between offices.
Web services are available to clients on the Internet.
Wireless services cover public areas and conferences rooms.
Considering the network environment, services, and solutions th
at are supported, develop a network security policy of 3–
4 pages for the environment, including the following:
Give consideration to each service, and recommend protection
measures.
Risk mitigation is of extreme importance.
Confidentiality and integrity are important factors of network se
curity. However, it should not affect availability.
Please submit your assignment.
For assistance with your assignment, please use your text, Web
resources, and all course materials.
Reading Assignment
CCDA 200-310 Official Cert Guide: Chapters 12 & 13
Assignment Objectives
Evaluate a suitable security policy for implementation.
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20. Unit 5 - Individual Project
Assignment Overview
Unit: Is it Worth the Risk?
Due Date: Tue,3/2/21
Grading Type: Numeric
Points Possible: 200
Points Earned:
Deliverable Length: 3–4 pages
Type: Individual Project
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