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Patrick
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Law and International Law
October 2, 2019.
Solicitation and Conspiracy
Solicitation and Conspiracy- Definition
Solicitation refers to the act of asking about information from someone. In particular situation an authority is permissible to ask for information from someone. This process requires special methodologies which aim at easing the process. Conspiracy however is different from solicitation. It refers to an act of planning something unlawful or derogatory which can include hurting someone either by legal manners or by the use of force ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"oLrXhNQ4","properties":{"formattedCitation":"(LaFave)","plainCitation":"(LaFave)","noteIndex":0},"citationItems":[{"id":451,"uris":["http://zotero.org/users/local/s8f0QVnP/items/UKJK8SXJ"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/UKJK8SXJ"],"itemData":{"id":451,"type":"book","title":"Principles of criminal law","publisher":"West Academic","source":"Google Scholar","author":[{"family":"LaFave","given":"Wayne"}],"issued":{"date-parts":[["2017"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (LaFave).
Case examples
A resident of Illinois was sentenced by the Federal court to serve in prison for 20 years over the charges of solicitations. He was guilty of the crime of violence in December 2012. The United States Attorney for the Southern District of Illinois Stephen Wigginton held that person accountable for the charges of solicitation. In addition to the 2-0 years prison in prison he was fined $500 ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"V4NJY0I3","properties":{"formattedCitation":"({\\i{}FBI \\uc0\\u8212{} Granite City Man Sentenced for Solicitation to Commit Crime of Violence})","plainCitation":"(FBI — Granite City Man Sentenced for Solicitation to Commit Crime of Violence)","noteIndex":0},"citationItems":[{"id":452,"uris":["http://zotero.org/users/local/s8f0QVnP/items/4MFFUZGF"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/4MFFUZGF"],"itemData":{"id":452,"type":"webpage","title":"FBI — Granite City Man Sentenced for Solicitation to Commit Crime of Violence","URL":"https://archives.fbi.gov/archives/springfield/press-releases/2013/granite-city-man-sentenced-for-solicitation-to-commit-crime-of-violence","accessed":{"date-parts":[["2019",10,2]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (FBI — Granite City Man Sentenced for Solicitation to Commit Crime of Violence). The court proceeding revealed that person was involved in helping his wife along with another person in abducting a city lawyer and getting heavy sums of money from him. The respondent, however, denied the charges of murder claiming that he didn’t have the intention of killing that lawyer.
Similarly in Grunewald v. United States, 353 U.S. 391 (1957), the three petitioners were held guilty by a Federal District Court for violating U.S.C. § 371 ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"9kw3YVun","properties":{"formattedCitation":"(\\uc0\\u8220{}Grunewald v. United States, 353 U.S. 391 (1957)\\uc0\\u8221{})","plainCitation":"(“Grunewald v. United States, 353 U.S. 391 (1957)”)","noteIndex":0},"citationItems":[{"id":454,"uris":["http://zotero.org/users/local/s8f0QVnP/items/VZLLZI3D"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/VZLLZI3D"],"itemData":{"id":454,"type":"webpage","title":"Grunewald v. United States, 353 U.S. 391 (1957)","container-title":"Justia Law","URL":"https://supreme.justia.com/cases/federal/us/353/391/","language":"en","accessed":{"date-parts":[["2019",10,2]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Grunewald v. United States, 353 U.S. 391 (1957)”). They were conspiring for preventing criminal prosecution. However, they were successful in getting ‘no prosecution’ ruling. The bureau of internal review in 1948 was directed to conceal the activities by which the rulings were obtained. The court finally held that as the main objective was obtaining no prosecution ruling, thereby petitioner was barred as per the three years statue. As no agreement was concealed for irregularities through ruling the persons were not indicted until 1954. The court also held that as the judge’s charge was not enough to defend petitioners' conviction thereby the primary objective of the conspiracy was not obtained in the initial prosecution.
Works Cited:
ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY FBI — Granite City Man Sentenced for Solicitation to Commit Crime of Violence. https://archives.fbi.gov/archives/springfield/press-releases/2013/granite-city-man-sentenced-for-solicitation-to-commit-crime-of-violence. Accessed 2 Oct. 2019.
“Grunewald v. United States, 353 U.S. 391 (1957).” Justia Law, https://supreme.justia.com/cases/federal/us/353/391/. Accessed 2 Oct. 2019.
LaFave, Wayne. Principles of Criminal Law. West Academic, 2017.
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