Questions On The 's Theory Essay

1333 Words Aug 26th, 2015 null Page
Student’s Introduction
There is more than one interpretation to this hypothetical and so more than one IRAC is used. These IRACs use a combination of FYLSE style along with some extra citation content from the open book perspective. The IRACs here are arguments of potential solutions to the call of the question. The Subject Statement is used to infer the Subject and then the Rule.

State v. Arthur Subject Matter: Solicitation Charges

Subject Statement "Arthur asks Ben and Carl to help him steal whatever is valuable on the yacht."

Subject
Is Arthur Guilty of Solicitation?

Rule

Solicitation

Encouraging another to commit a crime with the intent they do it.

Solicitation occurs where a D requests or encourages another to commit a crime, whether or not the other person agrees to commit the crime, and even if the other person refuses to commit a crime. No overt act is needed, and the crime is complete upon the request of another to commit a crime.

Application

Arthur is guilty of solicitation if he asked Ben and Carl to break the law. Here, Arthur asks Ben and Carl to help him steal. Stealing is a crime. Hence, Arthur is guilty of Solicitation.

Solicitation merges with the substantive offense and conspiracy. Thus, if Arthur is found guilty of the substantive crime or conspiracy, then Arthur will not be prosecuted for Solicitation as well.

Affirmative Defense of Renunciation.

"The defendant bears the burden of proving, by a preponderance of the evidence,…

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