In the Context of Harm as an Element of a Crime

Question

Examlex · Accepted Answer

The Answer is Answers will vary. For most crimes to occur, some harm must have been done to a person or to property. A certain number of crimes are actually categorized depending on the harm done to the victim, regardless of the intent behind the criminal act. Consider two offenses, both of which involve one person hitting another on the back of the head with a tire iron. In the first instance, the victim dies, and the offender is charged with murder. In the second, the victim is only knocked unconscious, and the offender is charged with battery.
Because the harm in the second instance is less severe, so is the crime with which the offender is charged, even though the acts are exactly the same. Furthermore, most states have different degrees of battery depending on the extent of the injuries suffered by the victim. Many acts are deemed criminal even if no harm is done, so long as the harm that could have been done is against the law. Such acts are called inchoate offenses. An attempted crime is an inchoate offense. When Jenkins solicits Peterson to murder Jenkins's business partner, Jenkins has committed an inchoate offense, even if Peterson fails to carry out the act.
Threats and conspiracies also fall into the category of inchoate offenses. Simply stated, a criminal conspiracy exists when two or more people agree to engage in an illegal act. The United States Supreme Court has ruled that a person can be convicted of criminal conspiracy even though police intervention made the completion of the illegal plan impossible.

In the Context of Harm as an Element of a Crime

Definitions: