Welcome

Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


I am most conservative and appropriate in my approach so if you comment and/or have questions to ask, please do so with an equal degree of appropriateness.



I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

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I have no set schedule of posting, but I hope you will check in from time to time.

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Wednesday, March 17, 2010

2 - Crimes – Preliminary Crimes (Solicitation)

2 - Crimes – Preliminary Crimes (Solicitation)

PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL.  IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR.  IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.

In the last criminal law session, we had a short introduction to preliminary crimes. Now we’ll start the topic of the first preliminary crime - solicitation.

Remember our timeline:

     -> Ask/Solicitation -> Agree/Conspiracy -> Act/Attempt ->

Solicitation

Solicitation is asking another to commit a crime coupled with the specific intent that the crime actually be committed. This crime requires no agreement or action by the person solicited, and thus the solicitation is complete when the solicitor, acting with the requisite intent, makes the command or request. If the target crime is committed, the perpetrator cannot be guilty of solicitation. (This is NOT the case for conspiracy.)

Solicitation is important because we want to punish those who ask others to commit a crime – punish the initiators of criminal activity. Those who merely ask or request are sufficiently dangerous so as to be subject to criminal liability.

In the next crimes session, we’ll talk about conspiracy.

Professor Doug Holden
© 2010. Douglas S. Holden. All Rights Reserved.

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