Academic Master

Criminology

What is Solicitation and how does it differ from conspiracy and attempt?

Introduction

Solicitation, attempt, and conspiracy are considered to be crimes that are incomplete. According to the law of the United States of America, even if the crime is not committed fully or the attempt of it is completed, the person who was found in such acts will be held accountable. The cases that are being heard in the courts under these circumstances have to go through all the procedures of hearing.

Discussion

Specifically, solicitation is the type of crime that is being conspired to be committed by hiring, offering, commanding, requesting, or encouraging any person in order to convince them to commit the crime. Solicitation is considered to be the most incomplete attempt of the crime because of its nature. If both predators agree upon committing the crime, then the intention turns into a conspiracy. The attempt of this crime, whether completed or not, is still considered to be the crime and held both the predators, the ones who planned and the ones who played a part in attempting. In these circumstances, the defendant must show the harm or injury which is occurred due to the attempt of the solicitation crime. The difference between solicitation and the other two, conspiracy and attempt, is that conspiracy is the continuous harm to the defendant, whereas attempt is the final step of attempting the crime, whether the gain was achieved or not.

Conclusions

In conclusion, all three solicitations, conspiracy, and attempt, come under the criminal attempt, but the nature of this crime is incomplete, or we can say the gain which was intended while planning the crime was not achieved. Solicitation is broader and takes both the conspiracy and attempt to come under it. The courts must identify all three and decide on punishment of a different nature while providing a ruling on them. The defendant in these types of crimes sometimes doesn’t receive any harm, which weakens the defendant’s side.

Works Cited

Burnham, William. Introduction to the law and legal system of the United States. West Academic Publishing, 2016.

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