Inchoate Crimes

Question 1

What are the three elements of common-law solicitation?

Answer 1

Solicitation is the:

(i) Enticing, encouraging, requesting, or commanding of another person;
(ii) To commit a crime;
(iii) With the intent that the other person commits the crime.

Question 2

Under the common law and the MPC, is renunciation a defense to solicitation?

Answer 2

Common law: Renunciation was no defense to solicitation.

MPC: Voluntary renunciation may be a defense, provided the defendant thwarts the commission of the solicited crime.

Question 3

When does the initial aggressor gain the right to act in self-defense?

Answer 3

“An initial aggressor can claim self-defense only if (1) the aggressor’s use of nondeadly force was met with deadly force or (2) the aggressor, in good faith, completely withdrew from the altercation and communicated that fact to the victim.”

Murder is the unlawful killing of another with malice aforethought—e.g., with the intent to inflict serious bodily harm.

However, a murder is justified if it was committed in self-defense. This justification generally does not extend to an initial aggressor—i.e., the person who first uses or threatens physical force.

But an initial aggressor may gain the right to act in self-defense in two circumstances:

1) When the initial aggressor’s use of nondeadly force is met with deadly force
2) When the initial aggressor, in good faith, completely withdraws from the altercation and communicates that fact to the victim