Melissa Hinton

CJUS 2093
Ehomework 4
1. What is the difference between conspiracy and criminal solicitation?
a. Criminal solicitation occurs when one person requests or encourages another person to
perform a criminal act.
i. Ex: Murder for hire
ii. Requires intent
b. Criminal conspiracy is an agreement between two or more persons to commit or to effect the
commission of an unlawful act, or to use unlawful means to accomplish an act that is not
unlawful.
i. Ex: Two people talking (or conspiring) about how to rob a bank

2. When is a corporation liable for the acts of its officers?

a. The offense is a minor offense, and the conduct was performed by an agent acting on
the corporations behalf within the scope of the agents employment.
b. The offense is defined by another statute and made applicable to corporations.
c. The offense consists of a failure to perform a specific duty imposed upon the
corporation by law
i. Ex: Failing to file a tax return
d. The criminal acts were approved, authorized, permitted, or recklessly tolerated by the
board of directors or a high management official acting on behalf of the corporation and
within the scope of his or her employment.
3. Why are courts hesitant to punish a person for evil thoughts alone?
a. Hard to prove intent to commit a crime in these cases
4. Why is it easier for prosecutors to build a case when they are not required to establish whether
the defendant is a principal in the first degree, or in the second degree, or an accomplice?
a. 1st degreeindividual who actually committed the crime
b. 2nd degreeperson who was present at the crime scene and who aided, abetted,
counseled, or encouraged the principal in the commission of the crime
c. Accompliceassists in the commission of the crime, but not necessarily the one
committing the criminal act.
d. Without all of these elements to prove, a prosecutor would only have to show that each
party took a position in the criminal activity
5. Why is it necessary to require a substantial step before mere plans become criminal attempt?
a. Actus reus (a guilty act) must be proved
b. Or events leading up to the guilty act must be proved