What is an Inchoate Crime?
An inchoate crime, also known as a latent or unfinished crime, refers to an act or action that constitutes a serious breach of criminal law, although it may not be considered a fully completed criminal act. In other words, an inchoate crime is an act that, if successful, would have led to a substantive criminal offense, but in itself is not yet the complete offense. This legal concept is crucial in many jurisdictions, as it holds individuals accountable for actions that may lead to or attempt to commit a criminal offense.
Contents
The Classification of Inchoate Crimes
Inchoate crimes are usually classified into three categories: Attempts, Conspiracies, and Aiders and Abetters.
• Attempts: An attempt occurs when a person, with intent to commit a specific offense, takes specific steps to commit it, but the attempt ultimately fails or is interrupted before its completion.
• Conspiracies: A conspiracy arises when two or more people, agreement with an intent to commit an offense, take any part in or facilitate its execution.
• Aiders and Abetters: An aider or abetter is a person who knowingly and voluntarily assists another individual in committing a criminal offense.
Attempts
At the core of the attempts category is the requirement that the actor must purposely attempt to commit the offense. To be successful, the attempt must satisfy the following elements:
- Intent: The perpetrator must intend to commit the specific crime.
- Requisite causality: The attempt must directly cause a substantial step toward the completion of the intended crime.
- Lack of substantial intervention: No external or extraordinary circumstances prevented the attempted offense from being completed.
A classic example of an attempted crime is a robbery gone wrong, where an individual tries to steal something from a store but is unsuccessful due to the security team intervening. In this instance, the perpetrator intended to commit a robbery and took specific actions to accomplish the crime, but their efforts were interrupted before success.
Conspiracies
Conspiracy is considered one of the most dangerous types of inchoate crimes, as it gathers the momentum and facilitates the completion of an intended crime. The basic elements of a conspiracy include:
- Intent: A shared understanding to commit the offense must be present.
- Agreement: An express or implied understanding between two or more people to carry out the illegal act must be evident.
- Overt conduct: Participants must take steps to aid or further the intended criminal activity.
- Specific purpose: The plot must target a specific offense or criminal enterprise.
In the case of a group of individuals discussing and planning a violent armed robbery, they are participating in a conspiracy if:
• They explicitly state their intentions to carry out the robbery
• Agree on their roles and actions
• Undertake certain steps to prepare and prepare for the crime
Aiders and Abetters
**Aiders and Abetters**
In the third and final category, aids or abettors provide some form of assistance, aid, or encouragement to individuals who commit or attempt to commit a criminal offense. To qualify as an aider or abetter, one must have:
1. **Known involvement**: Aiding or abetting with **conscious awareness** that the recipient is about to commit an offense.
2. **Voluntary** participation: The individual provides assistance in a **villainous intent** to commit the crime, rather than by chance, mistake, or without criminal intent.
Aidering or abetting an attempted crime could include acts like:
• **Laundering money or covering tracks**
• **Supplying necessary items or services**
• **Providing moral or ideological support**
• **Shielding the perpetrator**
These actions might not constitute an attempt in themselves but nonetheless contribute to the perpetration of a criminal act.
