“Solicitation vs. Conspiracy to Commit a Crime” Please respond to the following:
• This week, we will be comparing and contrasting the required elements of solicitation of another to commit a crime versus the required elements of conspiracy to commit a crime. Using the Internet or Strayer University Library resources, find a real-world example of one of the two crimes (your choice) from a news article and please provide the link. Give us a brief synopsis of the facts, and then think like a prosecuting attorney – present what crime you would charge the defendant with, and demonstrate how the facts prove each individual element of the crime you have chosen.
• In your responses this week, as you view your colleagues’ posts, think like a defense attorney – using the link they provided to the incident or case, review the facts and see if you can present a defense to the charges. Note: an exemplary score will include an original post of at least 150 words, with a well-written response to at least one other student.
RESPONSE TO CLASSMATE POST AFTER YOUR POST :
RE: Week 3 Discussion
Welcome to week 3 Classmates and Professor,
When it comes to crimes, sometimes, you do not have to commit a crime to be guilty of one. Looking at solicitation and conspiracy. Solicitation occurs when a person attempts to get another person to commit a crime or attempts to conspire to commit a crime. I am sure that the first thing that comes to mind when you hear soliciting is prostitution. That is not always the case. If you were to ask your friend to kill your wife and he says no, that is considered soliciting. The term can vary from state to state which is why the prosecution must show that the person has done more than make a casual suggestion about the crime. Conspiracy is a little different. Solicitation can be just one person as to where conspiracy is considered to have two or more people involved. Conspiracy is harder to detect, this is why each state and even the federal government has statutes making conspiracy a crime in all jurisdictions. When a conspiracy is happening, potential harm to society is increased because the possibility of the crime being abandoned is reduced. With two or more people, the chances of a successful plan are increased. Both conspiracy and solicitation do not require any physical crime, but the charges carry a lot of weight.
A recent event that contained solicitation involved the owner of the New England Patriots, Robert Kraft. Almost a year ago, around January 19 and 20 of 2019, he was seen, on camera, at a day spa receiving sexual acts. He then processed to tip an extra 100 plus dollars after the “massage”. This took place in Florida where soliciting a prostitute (2 counts) is a first-degree misdemeanor. Of course, Mr. Kraft denies any wrongdoing. If I were a prosecutor, I would be able to go back, over the video evidence and prove that Mr. Kraft did indeed, pay for sexual favors from a women at the day spa. Then he gave her more money after the fact.
Gardner, T. J. Criminal Law. [Strayer University Bookshelf]. Retrieved from https://strayer.vitalsource.com/#/books/9781337514897/
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