MCOLES Inchoate Offense

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MCOLES Inchoate Offense
2011-02-26 14:48:54
MCOLES Inchoate Offenses KLETC 77th Academy

MCOLES Inchoate Offenses KLETC 77th Academy
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  1. Definition and Elements of Aiding and Abetting
    Anyone who intentionally assists someone else in committing a crime is as guilty as the person who directly committed the crime.

    • 1. The alleged crime was actually committed, either by the defendant or someone else.
    • 2. Before or during the crime, the defendant did something to assist in the commission of the crime.
    • 3. The defendant must have intended the commission of the crime alleged or must have known that the other person intended it commission at the time of giving the assistance.
  2. Definition and Elements of Accessory after the Fact
    MCL 750.505
    An accessory after the fact is someone who knowingly helps a felon avoid discovery, arrest, trial, or punishment after the principal offense has occurred.

    • Elements:
    • 1. Someone else committed an offense that the defendant had knowledge of.
    • 2. The defendant knowingly helped the other person avoid discovery, arrest, trial, or punishment.
    • 3. The defendant intended to help the other person avoid discovery, arrest, trial, or punishment.
  3. Elemenst of "Attempts"
    MCL 750.92
    • 1. The defendant intended to commit a crime and took some action toward committing the offense but failed in completing it.
    • 2. Preperations like planning and arranging are not enough. An attempt goes beyond mere preperation to the point where the crime would have been completed it it had not been interupted by outside circumstances.
  4. Definition and Elements of "Conspiracy"
    Anyone who knowingly agrees with someone else to commit a crime is guilty of conspiracy.

    • 1. The defendant and one or more perons knowingly agreed to commit a crime.
    • 2. The defendant specifically intended to commit or help commit that crime.
  5. Solicitation to Commit a Felony
    MCL 750.157b
    • 1. The defendant, through words or actions, offered, promised, or gave money, services, or anything of value to another person.
    • 2. The defendant intended that what he or she said or did would cause the felony to be committed.
    • 3. The prosecutor does not have to prove that the person the defendant solicited actually committed, attempted to commit, or intended to commit the crime.