Holding: Because there was legal impossibility, defendant is not guilty of the attempt because even if it was completed, it would not have been a crime since the warden knew. Solicitation: Solicitation is asking someone to commit a crime. It is an attempted conspiracy so can’t be charged with both solicitation and conspiracy. of solicitation is completed when the question is asked. If the person solicited (subjectively) agrees to the criminal proposal then a conspiracy exists Crime of solicitation merges into crime of conspiracy Practical effect of the merger is that defendant cannot be convicted of and sentenced for both solicitation and conspiracy. Conspiracy is not viewed by the law as an attempt of anything and it is a separate crime that cannot be merged with any other crime. Solicitation is rare crime because it requires more than just testimony from solicitee. It is common for there to be only one witness, for example in burglary, rape extortion, etc. but there is something about solicitation that separates it even from extortion The general rule is that you need more than one person’s testimony because chances are too great that one person misunderstands or wants to get even and then claims they were solicited to commit a crime There must be evidence to support the fact that solicitation took place in addition to testimony In CA sometimes 2 witnesses without corroboration is still enough Also for violent crimes, the jury has the option to convict with 2 witnesses or 1 witness with corroborating evidence Corroborating evidence: Tends to connect the defendant with the commission of the crime Is independent of evidence given by the witness who testified about the solicitation or independent of the facts testified to by that witness Corroborating evidence need not be strong or even enough to establish each element by itself Corroborating evidence may include the defendant’s acts, statements, or conduct, or any circumstance that tends to connect him/her to the crime Defendant does not have to agree Solicitation can only occur for a specific list of crimes It is not treated as broadly as crimes Solicitation is the attempt to conspire and occurs when only one is intending on committing the crime. Lubow approaches diamond salesman, Silverman with idea to buy diamonds People v. and then declare bankruptcy which would be fraud. Silverman went to the police and gathers evidence against Lubow.
Holding: Because there was legal impossibility, defendant is not guilty of the attempt because even if it was completed, it would not have been a crime since the warden knew. Solicitation: Solicitation is asking someone to commit a crime. It is an attempted conspiracy so can’t be charged with both solicitation and conspiracy. of solicitation is completed when the question is asked. If the person solicited (subjectively) agrees to the criminal proposal then a conspiracy exists Crime of solicitation merges into crime of conspiracy Practical effect of the merger is that defendant cannot be convicted of and sentenced for both solicitation and conspiracy. Conspiracy is not viewed by the law as an attempt of anything and it is a separate crime that cannot be merged with any other crime. Solicitation is rare crime because it requires more than just testimony from solicitee. It is common for there to be only one witness, for example in burglary, rape extortion, etc. but there is something about solicitation that separates it even from extortion The general rule is that you need more than one person’s testimony because chances are too great that one person misunderstands or wants to get even and then claims they were solicited to commit a crime There must be evidence to support the fact that solicitation took place in addition to testimony In CA sometimes 2 witnesses without corroboration is still enough Also for violent crimes, the jury has the option to convict with 2 witnesses or 1 witness with corroborating evidence Corroborating evidence: Tends to connect the defendant with the commission of the crime Is independent of evidence given by the witness who testified about the solicitation or independent of the facts testified to by that witness Corroborating evidence need not be strong or even enough to establish each element by itself Corroborating evidence may include the defendant’s acts, statements, or conduct, or any circumstance that tends to connect him/her to the crime Defendant does not have to agree Solicitation can only occur for a specific list of crimes It is not treated as broadly as crimes Solicitation is the attempt to conspire and occurs when only one is intending on committing the crime. People v. Lubow approaches diamond salesman, Silverman with idea to buy diamonds and then declare bankruptcy which would be fraud. Silverman went to the police and gathers evidence against Lubow.
Criminal-Law-Goldman-2014-1.docx