Inchoate Offenses: The Origin of Crime, Essay Example

It is far from arguable that punishment is essential in deterring crime. While the debate on what is acceptable punishment has continued throughout the ages, the idea of punishing inchoate offenses can lead to an even grayer area in the realms of adjudication.  Inchoate offenses, while not encompassing the act itself, are a critical element; acts like conspiracy and solicitation are the genesis of many criminal enterprises. From the Roman Empire through modern European societies, lawmakers have perceived these acts to be as critical in preventing as crime.  The scarcity of Roman criminal law can be viewed as a direct result of the numerous records of citations for forming conspiracies or inciting the population (Stenson, p. 5) Today, nations like France and the United Kingdom regard any contribution to some criminal acts – such as advice on how to execute the crime – as equally punishable.  With the enactment of the RICO statute, America has begun to adopt these ideas into an effective method of fighting organized crime (Stenson, p. 8).  In looking at acts reus versus mens rea, Inchoate acts certainly fall under the intentional mens rea category; these are actions that considered and executed with the purpose to do something illegal.  Because of there intent to break a law – as one who attempts to commit murder – Inchoate offenses must be aggressively prosecuted.  When law enforcement is executed properly, stopping these acts is one of the most effective means of crime prevention.  The best way to stop a virus is to not catch it at all.

References

Stenson, T. Inchoate Crimes and Criminal Responsibility under International Law.  Retrieved from www.law.upenn.edu/journals/jil/jilp/articles/11_Stenson_Thomas.pdf