Project #26054 - Chp 8

"Criminal Law" by Joel Samaha 11th edition

Chapter 8

DISCUSSION QUESTIONS

1. Each inchoate offense has some distinct elements of its own, but they all share two elements: the mensrea of purpose or specific intent and the actusreus of taking some steps toward accomplishing the criminal purpose—but not enough steps to complete the intended crime. Explain how these are different from the actusreus and mensreaof most other crimes. What are some examples of inchoate offenses?

 2. Incomplete criminal conduct poses a dilemma: whether to punish someone who’s done no harm or to set free someone who’s determined to commit a crime. Which is more important to you? Why?
Learning Objective 2

 

3.Liability for criminal attempt offenses is based on two old and firmly entrenched rationales: the dangerous acts rationale and the dangerous person rationale.

a.       What are arguments in favor of the dangerous acts rationale and the danger person rationale? What are the arguments against each?

b.      Is there any other means by which attempt offenses might be addressed?

 

2.      Why is legal impossibility a defense to crime but factual impossibility is not? Discuss the philosophies underlying the fact that offenders can claim one as a defense but not the other.

a.       Should legal impossibility be a defense? Why?

b.       Can you think of a behavior that should be criminal but has not been outlawed?

c.       In what ways do you think that technology has impacted legal impossibility?

 

3.       Solicitation is the crime of trying to get someone else to commit a crime. How far does someone need to go in soliciting another person to commit a crime to be guilty of solicitation?

a.        Has anyone seen a “sting” operation of a solicitation crime on television?

b.       What did that look like? Did the person “soliciting” the offense deserve to be punished for a crime?

c.       Why/why not?

ASSIGNMENTS

 

1.      Find a copy of RICO Act online. Explain the potential for decreasing crime as a result of RICO and the potential for prosecutorial abuse.

**Racketeer Influenced and Corrupt Organizations (RICO) Act **

 

2.      Look up solicitation statutes in your state.

a.       How does your state statute define solicitation?

b.       What are the potential punishments for solicitation?

 

3.   Discuss the issues of inchoate offenses, tie the issue to the War on Terrorism and the difficulties with preventing terrorist attacks. How might the law of inchoate offenses assist authorities in preventing such attacks?

 

Subject Law
Due By (Pacific Time) 03/27/2014 05:30 pm
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