Monday, January 30, 2012

Maryland Inchoate Crimes

Maryland's inchoate crimes include attempt, conspiracy, and solicitation.

Definitions
Inchoate: Another term for incomplete or not fully finished.

Attempt
Beyond preparation but before perpetration.

Elements of Attempt

  • Specific intent to commit the crime; and
  • committed some act in furtherance of the crime; and
  • the ability to commit the crime; and
  • the crime must be specified. 


Conspiracy
The combining of two or more suspects to accomplish an unlawful criminal purpose.

Elements of Conspiracy

  • Agreement between 2 or more suspects; and
  • a specific intent to the commit the end product crime; and 
  • Some act that brings the conspiracy to fruition. 


Solicitation
Requesting someone else to commit a crime.

Elements of Solicitation

  • A request, command, or hiring;
  • To another person; 
  • To commit a crime with intent to commit that crime. 


Source: LexisNexis Maryland Criminal Law, 2011-2012

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