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NCJ Number: 64760 Find in a Library
Title: 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)
Journal: GEORGE WASHINGTON LAW REVIEW  Volume:47  Issue:3  Dated:(MARCH 1979)  Pages:550-572
Author(s): S E FOWLER
Corporate Author: George Washington University
National Law Ctr
United States of America
Date Published: 1979
Page Count: 23
Sponsoring Agency: George Washington University
Washington, DC 20052
Format: Article
Language: English
Country: United States of America
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).
Index Term(s): Conspiracy; Criminal codes; Criminal intent; Criminal Solicitation; Federal Code; Law reform; Laws and Statutes; Symposia
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64760

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