Crime preparation

Crime preparations are acts or actions performed by criminal offenders during any period of time before the actual crime is committed and range from mere intent to overt action.

In some jurisdictions, the very act of preparing for a crime is a criminal offense in itself, though it is generally viewed as being natural behavior for lawbreakers. The preparations that criminals take prior to their illegal actions are very often prosecuted as inchoate offenses, described in law as the crime of preparing for or seeking to commit another crime. The most common examples of an inchoate offense are conspiracy and the possession of tools necessary to execute the crime or crimes. "Inchoate offense" has been defined as "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."[1][2]

Selected common preparations

Since criminals often to do act randomly to lead into their crimes, they often conspire and prepare greatly the executions of their action, their getaways, and their success in not being found out. Law enforcement and investigators in the field of forensic psychology describe these activities as most often being performed by the "organized offender".[3]

Conspiracy

In criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act must also have been undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offence). For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability but may reduce their sentence.[4][5][6] An example can be: "The two gangsters conspired to rob the bank down the street".

Solicitation

It is the action or instance of soliciting; petition; proposal. In criminal law, it most commonly refers to either the act of offering goods or services, or the act of attempting to purchase such goods or services. Legal status may be specific to the time and/or place where solicitation occurs.[7] An example can be: "The bank robber solicited the help of an accomplice".

Stalking

This can involve the criminal's act of casing or keeping the surveillance of a victim or place or item that would be involved in the crime. An example can be: "For a day the bank robber cased the bank down the street so that he could plan when and how he would rob it".

Gathering of tools and clothing

The possession of tools used to facilitate a crime and clothing used to conceal the identity of the offender is usually prosecuted as 'possession of burglary tools'. An example can be: "The bank robber packed a crow bar, lock picks, and a saw to be used to break into the bank and its vault. Before he ventured towards the bank, the robber put on sunglasses and a ski mask to hide his face, and he slid on a pair of leather gloves to hide his fingerprints".[8][9]

See also

References

  1. ↑ Larry K. Gaines, Roger LeRoy Miller (2006). Criminal Justice in Action: The Core. Thomson-Wadsworth Publishing.
  2. ↑ See lists and chapters of texts at McCord and McCord, Infra, pp. 185-213, and Schmalleger, Infra, pp. 105-161, 404.
  3. ↑ http://www.wisegeek.com/what-is-criminal-profiling.htm What is Criminal Profiling?
  4. ↑ The Criminal Law Act 1977, section 5(3)
  5. ↑ Conspiracy Law & Legal Definition, USLegal, Inc.
  6. ↑ "Conspiracy" Defined & Explained, The 'Lectric Law Library
  7. ↑ http://www.wisegeek.com/what-is-solicitation.htm What Is Solicitation?
  8. ↑ See Schmalleger, Supra, p. 404.
  9. ↑ James W.H. McCord and Sandra L. McCord, Criminal Law and Procedure for the paralegal: a systems approach, supra, p. 127.
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