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Criminal Law Today: Chapter Analysis

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In chapter 4 of Criminal Law Today, the author demonstrates the elements of attempt, conspiracy, and solicitation. This chapter also identifies the various tests there are used to determine if there has been adequate action to be considered a crime of attempt. This chapter also explains why courts won’t and can’t punish a person for their evil thoughts.
Back in 2014, a New York City police officer, was convicted in federal court of conspiracy to commit kidnapping. However this was one of the cases that didn’t have that much evidence against the offender. Although his ideas were revealed to the public, that doesn’t mean that he did follow through his plans. This case is one of the several examples that demonstrate that it is difficult to …show more content…

There were three formulations. The first formulation is the last-act test, which tests whether the conduct was close to completing the crime or not. The second formulation is the notion that the more serious the threatened harm, the more justified the court would be in examining previous acts. The third formulation is the idea that the clearer the intent is, the less proximate acts need to be. The last-act test was originated in the case of Regina v. Eagleton. In this case, the individual wasn’t doing what he was supposed to be doing. In fact, he lied about giving bread to the poor in exchange for more credits at his job. However, the last-act test was later replaced with the physical proximity test. In this test, the substantial step doesn’t need to be the last act, but it must reach near it. This test was used under the common law to determine whether a person was guilty of attempted criminal activity. The law evolved later after the dangerous proximity test was developed by Justice Oliver Wendell Holmes. This test was used for assessing attempts, under which a person is guilty of an attempt when their dangerous action comes near …show more content…

For example, when a person pays another person to murder someone else. Due to parties being involved in such crimes, a fairly complex scheme was developed. This labeled the individuals as principal in the first degree, second degree, accessory before the fact, and the accessory after the fact. The principal in the first degree is the individual whose act directly resulted in the criminal misconduct. The principal in the second degree is a person who was present at the crime scene and who helped. The accessory before the fact is when the person who helps in the crime, but is not present. The accessory after the fact is a person who didn’t participate in a crime, but who provided help to keep the offender from being

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