Inchoate Offenses and Parties to a Crime: Theories of Criminal Liability

Introduction

In the field of criminal law, inchoate offenses and parties to a crime refer to theories of criminal liability that do not necessarily entail separate criminal offenses but involve individuals who contribute to the commission of a crime. In this essay, we will explore what these theories of liability entail and the conduct required to prove such liability. Specifically, we will examine the role of individuals acting as lookouts and those providing plans or weapons for a robbery.

Inchoate Offenses

Inchoate offenses are crimes that are incomplete or have not yet been fully carried out but involve actions that contribute to the preparation or facilitation of a future criminal act. The key inchoate offenses include attempt, solicitation, and conspiracy.

Attempt

Attempt refers to an individual’s intent to commit a specific crime coupled with a substantial step toward its completion, falling short of the actual commission of the offense. To prove liability for attempt, the following conduct must be established:

• Specific Intent: The accused must possess the specific intent to commit the underlying offense. This requires proof that the individual had the purpose or conscious objective to engage in the criminal act.
• Substantial Step: The accused must take a substantial step toward completing the intended offense. This can include actions such as preparing the necessary tools or equipment, conducting surveillance, or making initial preparations.

Solicitation

Solicitation involves encouraging, requesting, or commanding another person to commit a specific offense. To establish liability for solicitation, the following elements must be proven:

• Invitation: The accused must invite, request, or command another individual to commit a crime.
• Specific Intent: The accused must have the specific intent that the recipient of the solicitation commits the criminal act. It is not necessary for the recipient to accept or act upon the solicitation for liability to arise.

Conspiracy

Conspiracy occurs when two or more individuals agree to commit an unlawful act and take steps toward its completion. The elements required to prove conspiracy include:

• Agreement: There must be an agreement between two or more individuals to commit a criminal offense.
• Intent: The individuals involved must have the intent to achieve the objective of the conspiracy.
• Overt Act: In some jurisdictions, an overt act, even if it is minimal, is required to establish conspiracy. This act need not be illegal itself, but it must be in furtherance of the conspiracy.

Parties to a Crime

Parties to a crime refer to individuals who aid, abet, or assist in the commission of a criminal offense. These individuals may not have directly committed the crime but played a role in facilitating its occurrence. Two primary categories of parties to a crime are accomplices and accessories.

Accomplices

Accomplices are individuals who actively participate in the commission of a crime by aiding, encouraging, or assisting the principal offender. To establish accomplice liability, the following elements must be shown:

• Intent: The individual must have the intent to promote or facilitate the commission of the offense.
• Conduct: The accused must engage in some type of affirmative conduct that assists or contributes to the commission of the crime.
• Knowledge: The individual must have knowledge of the principal offender’s criminal intent.

Accessories

Accessories are individuals who assist or harbor a principal offender after the commission of a crime. The key elements required for accessory liability are:

• Knowledge: The individual must have knowledge that the principal offender has committed a crime.
• Assistance: The accused must provide assistance, such as hiding the offender, providing false alibis, or helping them escape apprehension.
• Intent: The individual must have the intent to hinder the apprehension, prosecution, or punishment of the principal offender.

Conclusion

Inchoate offenses and parties to a crime are theories of criminal liability that involve individuals contributing to the commission of a crime, even if they do not directly commit the offense. Inchoate offenses, such as attempt, solicitation, and conspiracy, require specific conduct that demonstrates intent and substantial steps toward the completion of the crime. Parties to a crime, including accomplices and accessories, aid or assist in the commission of a crime or support the principal offender after the offense has occurred. Understanding these theories of liability is crucial in ensuring that all individuals involved in criminal activity can be held accountable for their actions, whether as direct offenders or as contributors to the commission of a crime.

References:

1. Fletcher, G. P. (1978). The Metaphysics of Criminality. The Yale Law Journal, 871-906.

2. Robinson, P. H. (1972). Criminal Conduct and Criminal Law. Cambridge, MA: Harvard University Press.

3. Schillinger, S. (2004). Explanation of Inchoate Crimes. Hofstra Law Review, 11, 687-728.

4. Taylor, M. (1999). The Principles of Inchoate Liabilities. Criminal Law Review, 5, 391-406.

5. Williams, G. (1961). Criminal Law: The General Part. London: Stevens & Sons Ltd.