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👨‍⚖️criminal law review

Solicitation to Commit Murder

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

Solicitation to commit murder refers to the act of intentionally encouraging, requesting, or commanding another person to engage in the crime of murder. This offense is distinct from the actual act of murder itself, as it focuses on the request made to someone else, which can lead to criminal liability even if the murder does not occur. Understanding this term involves recognizing the legal implications of attempting to induce someone to commit a serious crime and how it fits within broader concepts of criminal intent and conspiracy.

5 Must Know Facts For Your Next Test

  1. Solicitation to commit murder can be charged even if the requested act does not take place, emphasizing the importance of intent in criminal law.
  2. In many jurisdictions, solicitation is treated as a separate offense that carries its own penalties, which can be severe depending on the circumstances.
  3. To establish solicitation, the prosecution must prove that the accused acted with the intent to promote or facilitate murder and communicated that intent to another person.
  4. The person solicited does not need to agree to commit the crime for solicitation charges to be valid; merely making the request is enough.
  5. Defenses against solicitation may include lack of intent or evidence that the request was made in jest or without serious purpose.

Review Questions

  • How does solicitation to commit murder differ from conspiracy in terms of legal requirements and implications?
    • Solicitation to commit murder focuses specifically on the act of requesting or encouraging another person to commit murder, whereas conspiracy involves an agreement between two or more individuals to commit a crime, requiring at least one overt act towards that goal. In other words, solicitation can occur without any subsequent action taken by the person solicited, while conspiracy necessitates a collaborative agreement and some steps toward executing the plan. Both offenses highlight different aspects of criminal intent and collaboration in criminal law.
  • What are some potential defenses a person might raise against a charge of solicitation to commit murder?
    • Defenses against solicitation could include demonstrating a lack of intent behind the request, arguing that it was made in jest or without serious consideration of committing a crime. Additionally, if the accused can prove that they were coerced into making the solicitation or that there was no substantial step taken towards committing murder by either party, these factors could serve as valid defenses. The context and manner in which the solicitation occurred can greatly influence how these defenses are perceived in court.
  • Evaluate the social implications of allowing solicitation to commit murder to be prosecuted separately from attempted murder and actual murder.
    • Prosecuting solicitation to commit murder separately sends a strong message about society's intolerance for encouraging violent crime, highlighting the belief that even attempting to induce harm is unacceptable. This legal approach aims to deter individuals from contemplating such requests and reinforces the idea that intent plays a crucial role in culpability. Moreover, it underscores societal values surrounding personal accountability and moral responsibility, potentially influencing broader discussions about crime prevention and public safety.