CJS E211 Lecture Notes - Lecture 21: Mens Rea, Res Ipsa Loquitur, Rational Agent
Document Summary
Overview to inchoate conduct - incomplete or unsuccessful offenses. Activity that occurs after the formation of the mens rea but short of attainment of the criminal goal is described as inchoate imperfect or incomplete conduct. The most common of these offenses are attempt, solicitation, and conspiracy. Inchoate crimes are typically treated as a lesser offense than the substantive crime. Rationale: we have these for law enforcement purposes, we want to give police officers ability to stop criminal offenses before they are committed. As a result common law created these offenses before social harm can occur. Policy issues: want to give police opportunity to arrest people/intervene b/c we don"t want crime to occur, on the other hand, if we let police step in too early, we run certain counter risks. We may be allowing police to arrest someone who is entirely innocent. Rape = general intent crime; attempted rape = specific intent crime: ex.
