First, the prosecution of the Lincoln conspirators, though nominally based on conspiracy, was not based on conspiracy as an inchoate offense
Casebook authors often have a difficult decision to make about where to locate the materials on the conspiracy doctrine because conspiracy does double duty as an inchoate offense
and as a mode of liability.
Strikingly, the Secretariat distinguished the inchoate offense
of incitement, (46) a crime that excluded inciting orders from superiors to subordinates.
Accessories and Abettors Act 1861 into an inchoate offense
18) As an inchoate offense
, conspiracy permits the government to indict groups of confederates who have not yet committed any crime apart from merely agreeing to break the law at some future time.
If the choice to intend to do something criminal is the core of any inchoate offense
, then one might ask: Why criminalize only statements at a stage earlier than Dressler's fifth stage of commencing the commission of the crime?
If the act of intentionally and directly causing a result should not be criminalized, the state cannot be justified in enacting an inchoate offense
to prevent persons from merely creating a risk of that result.
offense, however, the proscribed conduct in an inchoate offense
It can be stopped and punished as soon as it starts; as an inchoate offense
, it need not blossom into actual harm.
Ideas about risk of harm also significantly influence the law of inchoate offenses
After chapters on the general background of the country, criminal law and justice, criminal science, historical background, and sources of law, others address substantive criminal law, including general principles, the scope of application of criminal statutes, general principles of criminal liability, justification, excuse, other grounds for impunity, inchoate offenses
, parties to criminal offenses, classification and types of criminal offenses and legal remedies, and the sanctioning system, as well as the stages of criminal procedure, execution and extinction of sanctions, and the prison system.
This study guide provides 190 multiple-choice and short-answer questions for practicing the analysis of limits on the criminal sanction, elements of the offense, parties to crimes, inchoate offenses
, specific crimes, causation, and defenses.