1.0 Definition of Incitement
Not only is it punishable to commit a crime, but also to ask others to commit such crimes. Asking others to commit crimes is the crime of incitement. Garner (2004) defines incitement as "the act of persuading another person to commit a crime" (P. 2228). It is defined in Oxford online dictionary as "the action of provoking unlawful behaviour or urging someone to behave unlawfully". The inciter is "one who counsels, commands or advises the commission of a crime" (P. 2228), he is "an aider or abettor" (P. 2228). Incitement can be directed at a certain person or to the public in general (The Law Reform Commission of Hong Kong, 1994).
Gordon argues that Incitement is an inchoate crime. An inchoate crime or offense …show more content…
Garner (2004) quoted a part of the criticism J.W. Cecil Turner directed against this term in his Kenny's Outlines of Criminal Law 77 (16th ed. 1952). Turner described this term as misguiding. According to him, the word inchoate is used to describe an action or something that is not complete. As the crime of incitement in itself is complete and punishable once the utterances are produced independently of any consequences and even if the incited person refuses to obey, it cannot be described as inchoate. What can be called inchoate is the incited consequential crime as it is not complete yet and is still dependent on the incited person carrying it out. Inciting someone to kill another, the crime of incitement is complete and punishable, while killing is not a crime yet till the incited person kills the victim; it is inchoate. According to Garner, this crime is also called an anticipatory or preliminary crime …show more content…
2335). Instigation is also defined in Cambridge online dictionary as "the act of causing an event or situation to happen by your actions" and in Oxford online dictionary as "the action or process of instigating an action or event". Comparing these definitions to that of incitement mentioned above, it becomes clear that incitement by definition necessarily involves pushing another person to do something illegal or unlawful. To the contrary, instigation does not necessarily involve that illegal or unlawful action. The instigated action may be legal or illegal. One may instigate another to study hard and may instigate him to kill someone. As this study is on language crimes (illegal actions), the word incitement fits
Not only is it punishable to commit a crime, but also to ask others to commit such crimes. Asking others to commit crimes is the crime of incitement. Garner (2004) defines incitement as "the act of persuading another person to commit a crime" (P. 2228). It is defined in Oxford online dictionary as "the action of provoking unlawful behaviour or urging someone to behave unlawfully". The inciter is "one who counsels, commands or advises the commission of a crime" (P. 2228), he is "an aider or abettor" (P. 2228). Incitement can be directed at a certain person or to the public in general (The Law Reform Commission of Hong Kong, 1994).
Gordon argues that Incitement is an inchoate crime. An inchoate crime or offense …show more content…
Garner (2004) quoted a part of the criticism J.W. Cecil Turner directed against this term in his Kenny's Outlines of Criminal Law 77 (16th ed. 1952). Turner described this term as misguiding. According to him, the word inchoate is used to describe an action or something that is not complete. As the crime of incitement in itself is complete and punishable once the utterances are produced independently of any consequences and even if the incited person refuses to obey, it cannot be described as inchoate. What can be called inchoate is the incited consequential crime as it is not complete yet and is still dependent on the incited person carrying it out. Inciting someone to kill another, the crime of incitement is complete and punishable, while killing is not a crime yet till the incited person kills the victim; it is inchoate. According to Garner, this crime is also called an anticipatory or preliminary crime …show more content…
2335). Instigation is also defined in Cambridge online dictionary as "the act of causing an event or situation to happen by your actions" and in Oxford online dictionary as "the action or process of instigating an action or event". Comparing these definitions to that of incitement mentioned above, it becomes clear that incitement by definition necessarily involves pushing another person to do something illegal or unlawful. To the contrary, instigation does not necessarily involve that illegal or unlawful action. The instigated action may be legal or illegal. One may instigate another to study hard and may instigate him to kill someone. As this study is on language crimes (illegal actions), the word incitement fits