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Crim Law Essay

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Submitted By khurrumshah
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Criminal Law/Procedure Essay 5
Dan’s Crime
Solicitation
Dan may have committed the crime of solicitation. The crime of solicitation is an inchoate offense. Solicitation consists of inciting, counseling, advising, another to commit a crime with the intent that the person being solicited will commit the crime. Here, according to the fact pattern, Dan informed Eric that he planned to take all of her computers. This would qualify as solicitation however, since Dan has committed other crimes arising from his solicitation, he cannot be convicted of solicitation due to merger.
Accomplice Liability
Dan may be held liable for accomplice liability. Accomplice liability involves a principal and accessory before the fact and an accessory after the fact. A principal is the person who commits the illegal act or who induces an innocent person to do so. An accomplice before the fact is a person who aids or encourages the principal to commit the conduct but is not present and an accessory after the fact is someone who aids the principal in escaping knowing that he has committed a felony. Here, Dan would be considered a principal since he received aid before and after the commission of the felony.
Conspiracy
Dan can also be guilty of conspiracy. Conspiracy is a specific intent crime. Conspiracy requires an agreement between two or more persons, an intent to enter into the agreement, and the intent by at least two persons to achieve the objective of their agreement and an overt agreement or an action in furtherance of the conspiracy. Here, Dan had an agreement with Eric that he could borrow Eric’s pickup truck to carry the computers away. Dan also borrowed Eric’s truck on the night Vicki was supposed to be away. Here, there was an agreement and an overt act. Eric knew what purpose his truck was going to be used for so here, there are two guilty minds. For conspiracy, there is no merger, so it is likely Dan will be convicted of conspiracy.
Burglary
Dan can also be convicted of burglary. Burglary is the breaking and entering into the dwelling house of another at night time with the intent to commit a felony. Burglary is a specific intent crime. The fact pattern indicates that Dan went to V’s house and went into the garage by pushing open a partially open side door all the way open. This satisfies the breaking and entering element. The fact pattern also indicates that when Dan drove to V’s house it was late at night. That also satisfies the nighttime requirement. It was at V’s house and this satisfies the dwelling house of another requirement. Here, Dan had communicated to Eric that he was planning to take all of her computers. This indicates that Dan had the intent to commit a felony. Dan will be found guilty of burglary.

Larceny
Dan can also be found guilty of larceny. Larceny is taking and carrying away of tangible personal property of another by trespass with the intent to permanently deprive. Here, Dan picked up and loaded the computers in the pickup truck while he was trespassing. This satisfies the taking and carrying away requirement. He then drove off with them. He had also previously stated to Eric that he was planning to take the computers. This satisfies the element of the intent to permanently deprive.
Battery
Dan can also be guilty of battery. Battery is the unlawful application of force resulting in injury or an offensive touching. An offensive touching is defined as an unpermitted touching. Here, Dan pushed V out of the way to get to the pickup truck. Therefore, he will be found guilty of battery as well.

Eric’s Crimes
Accomplice Liability
Eric can be held liable as an accessory before the fact. As stated above, an accessory before the fact is someone who aids and counsels someone before the crime but is not present. Eric told Dan that he could use his pickup knowing that Dan was planning to use it to steal V’s computers. Here, Eric will be found guilty as an accessory before the fact.
Conspiracy
Eric will also be found guilty of conspiracy. As mentioned above, the elements of conspiracy were satisfied and conspiracy does not merge. Therefore, Eric will be guilty of conspiracy, and all the crimes that Dan has committed in furtherance of the conspiracy. Eric will be found guilty of burglary, larceny, and battery as well.
Fred’s Crimes
Accessory after the fact
Fred can be charged with an accessory after the fact. An accessory after the fact is a person who aids another to escape knowing that he has committed a felony. Here Dan drove to Fred’s house and told him what happened. Fred let Dan hide the pickup truck behind his house, helping him to escape knowing that he committed a felony. Therefore, Fred was an accessory after the fact.
Receipt of Stolen Property
Fred has also committed the crime of receiving stolen property. Receipt of stolen property is when a person receives stolen property which is known to be stolen with the intent to permanently deprive. Dan had told Fred everything that had happened, so Fred was aware that the computers were stolen. In return for two computers, he allowed Dan to hide his truck behind his house. Therefore, Fred will be guilty of receiving stolen property.…...

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