Criminal Law: Solicitation Overview
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Questions and Answers

What happens if the person solicited actually commits the crime they have been solicited to commit?

  • The person who solicited is guilty of a lesser offense.
  • Both the person who solicited and the person who committed the crime can be found guilty. (correct)
  • The solicitation charge is dropped.
  • Only the person who committed the crime is guilty.
  • Which of the following statements about solicitation and conspiracy is correct?

  • An agreement to commit a crime may lead to both solicitation and conspiracy charges. (correct)
  • Solicitation is always a separate charge from conspiracy.
  • Only the solicitor can be charged with conspiracy.
  • Solicitation cannot lead to conspiracy under any circumstances.
  • What is true about the relationship between solicitation and criminal attempts?

  • If the solicited person attempts the crime, the solicitor may also be guilty of criminal attempt. (correct)
  • Solicitation and criminal attempts are always treated as the same offense.
  • A person who solicits is never guilty of criminal attempts.
  • Solictiation guarantees a successful criminal attempt.
  • How does the solicitation charge relate to merger doctrine?

    <p>Solicitation may merge into the charge of conspiracy if there's an agreement.</p> Signup and view all the answers

    If a person merely attempts to commit a crime but does not solicit anyone, what is true?

    <p>They could still be charged with an attempt even if no solicitation occurred.</p> Signup and view all the answers

    What must a person do to be charged with solicitation of a crime?

    <p>Request, command or entice another to commit a crime</p> Signup and view all the answers

    Which of the following describes the intent required for solicitation?

    <p>Specific intent to commit a particular crime</p> Signup and view all the answers

    What is considered the Actus Reus of solicitation?

    <p>The act of soliciting another person</p> Signup and view all the answers

    How close in proximity is solicitation usually to the completed offense?

    <p>Normally far removed</p> Signup and view all the answers

    Under common law, for which crimes could solicitation be charged?

    <p>For any crime</p> Signup and view all the answers

    What distinguishes solicitation from mere encouragement?

    <p>Solicitation requires a clear request or enticement</p> Signup and view all the answers

    Which of the following scenarios could be considered solicitation?

    <p>Offering financial rewards for someone to commit a crime</p> Signup and view all the answers

    What is the primary concern in criminal law regarding solicitation?

    <p>The increased danger when multiple people act together in secrecy</p> Signup and view all the answers

    Study Notes

    Solicitation

    • Solicitation occurs when someone requests, commands, or entices another person to commit a crime.
    • Mere encouragement is not enough for solicitation to occur.
    • Solicitation is justified by the increased danger of multiple people operating in secrecy.
    • A person can be held responsible for solicitation even if the person they solicit refuses to commit the crime.
    • Solicitation is a specific intent crime, requiring a specific intent to commit a particular crime.
    • The actus reus of solicitation is the act of soliciting itself, which is typically verbal but can also be through conduct.
    • Solicitation is considered a predatory act and can be far removed from the target offense in terms of proximity.
    • At common law, solicitation could be charged for any crime.
    • Modern statutes often limit solicitation to certain specified felonies.
    • If the person solicited commits the crime, the person who solicited them may also be found guilty of the target offense.
    • If the person solicited attempts to commit the crime, the person who solicited them may also be found guilty of criminal attempt.
    • The act of solicitation merges into the crime of conspiracy if there is an agreement to commit the crime.

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    Description

    This quiz covers the key concepts of solicitation in criminal law, highlighting the requirements for solicitation to occur, its specific intent nature, and the implications of soliciting someone to commit a crime. Understand how solicitation differs from mere encouragement and the legal consequences that follow.

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