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CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION UNDER THE CRIMINAL CODE REFORM BILL OF 1978 (FROM REFORM OF THE FEDERAL CRIMINAL CODE - SYMPOSIUM, 1979 - SEE NCJ-64754)

NCJ Number
64760
Journal
George Washington Law Review Volume: 47 Issue: 3 Dated: (MARCH 1979) Pages: 550-572
Author(s)
S E FOWLER
Date Published
1979
Length
23 pages
Annotation
THE EFFECT OF THE CRIMINAL CODE REFORM BILL, S. 1437, ON INCHOATE OFFENSES IS DISCUSSED; CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION ARE EMPHASIZED.
Abstract
THE LAW OF INCHOATE CRIMES PROHIBITS CONDUCT PRELIMINARY TO BUT DIRECTED TOWARD THE COMMISSION OF A CRIME. THE INCHOATE CRIMES ARE ATTEMPT--ACTION TOWARD THE COMMISSION OF A CRIME; CONSPIRACY--AGREEMENT TO COMMIT A CRIME; AND SOLICITATION--INCITEMENT OF ANOTHER TO COMMIT A CRIME. NO FEDERAL COMMON LAW EXISTS TO GOVERN SUCH CRIMES, AND PRESENT FEDERAL STATUTES TREAT INCHOATE OFFENSES HAPHAZARDLY. SENATE BILL 1437 WOULD REPLACE A PATCHWORK OF VARIOUS ATTEMPT, CONSPIRACY, AND SOLICITATION STATUTES WITH COMPREHENSIVE FORMULATIONS APPLICABLE TO ALL FEDERAL OFFENSES. LIABILITY FOR AN INCHOATE OFFENSE WOULD FOCUS NOT ON THE DANGER PRESENTED TO THE PUBLIC BUT ON THE ACTOR'S MANIFESTATION OF CRIMINAL INTENT. ATTEMPT WOULD BE FORMULATED AS A SUBSTANTIAL STEP THAT STRONGLY CORROBORATES THE CRIMINAL PURPOSE OF THE ACTOR. CONSPIRACY WOULD BE REDEFINED AS THE ACTOR'S ASSENT TO THE CRIMINAL PURPOSE PLUS SOME ACT PURSUANT TO THE CONSPIRACY THAT ESTABLISHES THAT A CONSPIRACY IS UNDERWAY. SOLICITATION WOULD REQUIRE CIRCUMSTANCES THAT STRONGLY CORROBORATE THE ACTOR'S INTENT TO PERSUADE ANOTHER PERSON TO COMMIT A CRIME. RENUNCIATION WOULD BE PROVIDED AS AN AFFIRMATIVE DEFENSE TO ENCOURAGE DESISTANCE AND REBUT THE CONCLUSION OF THE FIRMNESS OF THE ACTOR'S CRIMINAL INTENT. IN GENERAL, THE BILL WOULD EXPAND FEDERAL LAW BY CREATING OFFENSES FOR ATTEMPTING OR SOLICITING ANY FEDERAL CRIME, BUT WOULD LIMIT THE APPLICABILITY OF THE CRIMINAL CONSPIRACY STATUTE TO CONSPIRACIES THAT CONTEMPLATE COMMISSION OF A FEDERAL CRIME. FOOTNOTES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--LWM).

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