Solicitation:Florida Statute – a person who solicits another to commit an offense prohibited by law and in the course of such solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would constitute such offense commits the offense of criminal solicitation.In early days of the American republic ____ became known as the bible. Black stones commentariesAnticipatory crimes – criminal law can punish laws not in completion.Three types of incomplete crimesSolicitation – merely asking someone to commit a crime with the intent that the crime actually be committed even if the other person doesn’t agree to do it. A statement that merely approves a crime is not solicitation. (someone ought to shoot a president…not solicitation). Just one person has to do this.Conspiracy – has to be an agreement between 2 or more people. They intend to do an unlawful act or they intend to do a lawful act in an unlawful way. Can be convicted and go to prison for talking about and agreeing to go buy weed even if you don’t actually go do it. (i.e. getting your stuff from an ex’s house in an unlawful way by trespassing and breaking the door down). Two or more people have agreed to do something and can be charged for 2 things – solicitation and conspiracy.We prohibit conspiracies because it is more likely to happen if you are talking about it with another person.In SC the two that are conspiracy have to be genuinely committed to the conspiracy to constitute the crimeEXCPETION * If the crime requires at least two people to commit it, and two people agree to commit it, then it is not a conspiracy (i.e. bribery) can be charged only with briberyException to the Exception * unless there were at least 3 of you involved (i.e. adultery is a crime in SC it requires 2 people, unless it is a threesome). Can be charged with conspiracy and bribery.Not everyone involved in a conspiracy can be found guiltyAttempt – have to have the intent to do a specific crime and then here has to be some act in furtherance of committing that crime. Has to be more than mere plotting or preparation to do a crime. Has to be a step towards actually doing it.EXCEPTION * Unless it is specifically written in the statute it is not a crime to attempt a misdemeanor in SC.Merger – cannot be charged with attempt and the actual crime itself. Therefore those charges merge and they have to pick only one to charge you with (i.e. robbing a bank and someone knocks you out before you are out the door…only would get charged with attempt and not completing the crime itself).Abandonment – sometimes criminals change their mind and voluntarily abandon the pursuit before they complete it. Cannot use abandonment as a defense if you only abandoned because you were afraid of getting caught. Could use it as a defense if you felt bad for stealing fro grandma.Penalty for attempt: same punishment as completing the crime in some cases.In SC for armed robbery 10-30 years but for attempted robbery you are facing 10-15Defense of legal impossibility – if you’re charged with attempt of completing a crime, did everything to complete the crime but it turns out the law does not prohibit what he did. (i.e. hiding a book because you don’t want to pay taxes for bringing it to the US but it turns out ancient texts are except from the law).Factual impossibility as it relates to attempt– not a defense to an attempt charge. Actor intends to commit a crime, and does what he can to commit the crime but some extraneous factor prevents him from committing it. (i.e. intending to kill someone and stab him…but he died from a heart attack before she started stabbing...however she would be charged with attempt).Crimes against the person – threaten life (murder), liberty (freedom/kidnapping), or privacy (peeping tom).The 1st crime is assault – an unlawful attempt to commit a violent injury on another along with the present ability to do the harm. This is a crime even though there is no toughing that happens. Mens rea to commit battery. (i.e. pointing a gun at someone, spitting towards them, throwing a rock but missing them). A threat to do it is a crime even though you actually don’t commit it. Cannot be merely negligence (i.e. accidently pointing a gun at someone).Battery – unlawful offensive touching. Requires touching. Assault is the threat and battery is the touching. Simple Assault and Battery is a misdemeanor and you face around 30 days and jail.Assault and Battery of a High and Aggravated Nature – the assault and battery of someone and another factor. An unlawful act of violent injury to another with great bodily injury or the violent act was likely to cause great bodily injury. Some violent injuries to a person are lawful. (i.e. if you use a deadly weapon, if there is a permanent disfigurement, disparity of sizes/ages [old woman getting beaten up by young big guy]). This is a felony and you’re expecting 30 years in jail.Attempted murder – attempt to kill another person with malicious intent. Might have specific intent or it could be that the jury is allowed to determine if there was malicious intent. (i.e. shooting bf and claim it was an accident – the jury has to determine intent)In SC it is no suspended sentence and a minimum of 30 years. The time they give you is the time you get.Violent injury in athletic events is not criminal unless that violent act is beyond the scope of what would be reasonably accepted in that sport.Homicide – a general term that means a killing of one person by another person. Some homicides are criminal and some are not. At common law there is distinguished of its criminal or not. (i.e. at war, executioner, doctor…etc.). death had to be caused by someone else, not by your own criminal act, and the criminal mindset is malice of forethought. An unborn fetus is considered a person in SC in murder cases. Not considered a person for other purposes like inheritance. Had to die by a particular event for it to be murder.Justifiable homicide – at war, executionerExcusable homicide – accidental deathCriminal homicide – murder, negligenceWhat actually constitutes death?When your heart stopsWhen your brain stops functioningWhen exactly was the moment of death?Uniform Determination of Death Act – in SC its irreversible stooping of either respiration and circulation or all brain functions. Not murder or manslaughter if you already fit in one of those categories