ADMJ 103 Lecture Notes - Lecture 7: Misdemeanor
Document Summary
Asking another person to commit a crime with an intent to have the crime committed. Solicitation merges with attempt, conspiracy, and the target crime. Solicitation prosecutions are rare, except for the solicitation of murder and when the solicitation is made to a police officer under circumstances that suggest the police officer is telling the truth. Carries the same punishment possibilities as conspiracy. Under traditional law, the prosecution must prove that the defendant helped another person commit a crime with the necessary mental state. The act requirement: the defendant must help, which requires very little. Practically, however, without significant help, the jury probably won"t convict, and the prosecution won"t be able to prove the required mental state. Mpc: if the defendant is charged with a crime that is not a result crime, the state must prove a purpose for that crime to occur.
