CRIMINAL CONSPIRACY 3
Chapterfour discusses why it is critical for an offender to take asubstantial step towards the commissioning of a crime prior to mereplans becoming a criminal attempt. The chapter also discusses whycourts are usually hesitant in punishing an individual for evilthoughts only. Besides, the chapter also gives a distinction amid acriminal solicitation and conspiracy. The chapter also provides adistinction amid a principal in the second degree and a principal inthe first degree, and the accomplice (Schmalleger et al, 2010). Onthe other hand, the chapter has also provided a description of theconditions, when a corporation can be held responsible or for theconducts of its officers and employees. According to the chapter, theintention of committing a crime is not criminal. For instance, thereis no law that is against a person intending to commit a murder thisis because the intention does not constitute a crime.
Accordingto the criminal conspiracy law, an individual can be guilty ofcriminal conspiracy in case he/she consents to engage with anotherindividual in performing a conduct that constitutes a crime, and anyone of the two individuals has to take a substantial step in pursuingsuch an agreement. The doctrine of complicity argues that a personcan be held criminally responsible for the conduct of others.Usually, the doctrine of complicity encompasses conspiratorial andaccessorial liability (Gillies, 1990). The plurality requirementargues that conspiracy needs a minimum of two individuals. Thus, incase one party does not enter into an agreement, the conspiratorsmust be acquitted. There are three elements of conspiracy, whichinclude the mental element of conspiracy, the physical act, and themental and physical element of statutory conspiracies. Wharton’srule prohibits prosecution of two individuals for conspiracy ofcommitting a certain offense, when the offense can only becomecommitted by a minimum of two individuals. On the other hand, theremust be two parties to a conspiracy (Gillies, 1990).
Gillies,P. (1990). Thelaw of criminal conspiracy.Sydney: Federation Press.
Schmalleger,F., Hall, D. E. & Dolatowski, J. J. (2010). Criminal law today(4th ed.). Upper Saddle River, NJ: Pearson Learning.