All Assignments Should Be Typed Double Spaced 12 Poin 385758

All Assignments Should Be Typed Double Spaced 12 Point Times New Rom

All assignments should be typed, double-spaced, 12 point Times New Roman font, and between words. Your responses should be thorough and concise. Students should use at least two references cited as evidence to support their answers. When providing your answers, please be sure to always use documentation from the text or other sources to support your answer. Please cite all sources appropriately.

The following resources may be used to complete this assignment: Criminal Law, University of Minnesota Libraries Publishing edition, 2015 Assignment: Read People v. Dennis 340 N.W.2d ). In Dennis, the defendant was convicted of incitement to murder, which is the Michigan equivalent of solicitation to murder. The defendant appealed based on the fact that she solicited a police officer posing as a hit man, so the police officer did not have the intent to murder, and thus the murder was not possible. Did the Michigan Court of Appeals uphold the defendant’s conviction? The case is available at this link: to an external site.

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The case of People v. Dennis (340 N.W.2d 622) presents a significant legal question regarding the mens rea (mental state) required for establishing the crime of solicitation to commit murder, particularly in the context of an undercover police operation. The defendant, Ms. Dennis, was convicted of incitement to murder, which in Michigan mirrors the common law crime of solicitation—enticing, encouraging, or commanding another person to commit a crime with the specific intent that the crime be committed. The core of her appeal rested on the argument that because she solicited a police officer who was posing as a hit man, the officer lacked the intent to murder, raising the issue whether her conviction could stand if the target of her solicitation did not possess the mens rea necessary for the offense.

In scrutinizing the Court of Appeals’ decision, it is important to recognize that criminal liability for solicitation generally hinges on the defendant's intent that the crime be committed by the person solicited. Michigan law articulates that solicitation involves intent to promote or facilitate the commission of a crime (People v. Littlejohn, 77 Mich App 129, 1987). In the Dennis case, the police officer, acting undercover, was invited to carry out a murder by Ms. Dennis. The defense argued that because the police officer lacked the intent to murder—since he was an officer rather than a criminal—Ms. Dennis could not be convicted of solicitation.

However, the Michigan Court of Appeals upheld Ms. Dennis’s conviction, emphasizing that unlawful intent in solicitation is directed toward the person solicited, not necessarily the person who ultimately carries out the act. If a person solicits another to commit a crime, they demonstrate the requisite intent to promote or facilitate the crime. The court reasoned that the defendant's intent was to have someone commit murder, regardless of whether the person was an actual hit man or an undercover officer. This aligns with the principle that a defendant’s intent is judged based on their subjective state of mind at the time of solicitation, not on the outcome or the actual commission of the crime.

The Court of Appeals relied on prior case law indicating that the target's intent is irrelevant to the question of whether solicitation occurred. In People v. Sweeney, 84 Mich App 143 (1978), the court articulated that the intent to commit the crime is a critical element but is assessed from the perspective of the defendant’s mindset, not the recipient's. Hence, Ms. Dennis’s solicitation of a police officer, with the purpose of inciting murder, satisfied the mens rea requirement for solicitation, even though the officer did not have the intent to murder.

Furthermore, the courts have consistently held that the crime of solicitation is complete when the solicitation is made, regardless of whether the person solicited actually intends to or is able to commit the crime (People v. Hinks, 205 Mich App 306, 1994). The fact that the officer was posing as a hit man does not negate Ms. Dennis's intent or her conviction, because her mental state was directed toward someone she believed could facilitate the murder. This highlights an important aspect of criminal law: the defendant's criminal intent is a critical component in establishing guilt, and it can be proven through motive, statements, or actions indicating such intent.

In conclusion, the Michigan Court of Appeals upheld Ms. Dennis’s conviction, affirming that her solicitation met the necessary mens rea requirement. The court clarified that the defendant's criminal intent to have someone commit murder suffices for conviction, regardless of whether the person solicited possesses the actual intent or ability to carry out the crime at the time. This ruling underscores the principle that criminal liability for solicitation depends on the defendant’s intent, not on the eventual participation or intent of the person ultimately committing the crime. The Dennis case thereby illustrates the robustness of the solicitation statute in capturing criminal intent without requiring the solicitor to know the precise circumstances or the actual mental state of the final perpetrator.

References

• People v. Dennis, 340 N.W.2d 622 (Mich. Ct. App. 1983).
• People v. Sweeney, 84 Mich. App 143 (1978).
• People v. Hinks, 205 Mich. App 306 (1993).
• People v. Littlejohn, 77 Mich. App 129 (1987).
• Model Penal Code § 5.03 (Am. Law Inst. 1985).
• People v. Robinson, 390 Mich. 553 (1973).
• People v. Beesley, 85 Mich. App. 325 (1978).
• People v. Stander, 50 Mich. App. 712 (1974).
• Schmalleger, F. J. (2017). Criminal Law Today (7th ed.).
• Dressler, J. (2018). Understanding Criminal Law (8th ed.).