Crime preparations are acts or actions performed by criminal offenders during any period of time before the actual crime is committed and range from mere
intent
Intentions are mental states in which the agent commits themselves to a course of action. Having the plan to visit the zoo tomorrow is an example of an intention. The action plan is the ''content'' of the intention while the commitment is the ''a ...
to
overt act
In criminal law, an overt act is the one that can be clearly proved by evidence and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime. Such an act, even if innocent ''per se'', can potentiall ...
ion.
In some jurisdictions, the very act of preparing for a
crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
is a criminal offense in itself, though it is generally viewed as being natural behavior for lawbreakers. The preparations that criminals take prior to their illegal actions are very often prosecuted as
inchoate offense
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" has been defined as the fol ...
s, described in
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
as the crime of preparing for or seeking to commit another crime. The most common examples of an inchoate offense are
conspiracy
A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
and the possession of
tools necessary to execute the crime or crimes. "Inchoate offense" has been defined as "Conduct deemed criminal without actual harm being done, provided that the harm that would have occurred is one the law tries to prevent."
[See lists and chapters of texts at McCord and McCord, ''Infra,'' pp. 185-213, and Schmalleger, ''Infra'', pp. 105-161, 404.]
Selected common preparations
Since criminals often to do act randomly to lead into their crimes, they often conspire and prepare greatly the executions of their action, their getaways, and their success in not being found out. Law enforcement and investigators in the field of
forensic psychology
Forensic psychology is the development and application of scientific knowledge and methods to help answer legal questions arising in criminal, civil, contractual, or other judicial proceedings. Forensic psychology includes both research on various ...
describe these activities as most often being performed by the "organized offender".
Conspiracy
A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
In
criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one
overt act
In criminal law, an overt act is the one that can be clearly proved by evidence and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime. Such an act, even if innocent ''per se'', can potentiall ...
must also have been undertaken in furtherance of that agreement, to constitute an
offense. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect. For the purposes of
concurrence
In Western jurisprudence, concurrence (also contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence of both ("guilty action") and ("guilty mind"), to constitute a crime; except in crimes of strict liabilit ...
, the ''
actus reus
(), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in t ...
'' is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally,
repentance by one or more parties does not affect liability but may reduce their
sentence.
Solicitation
Solicitation is the act of offering, or attempting to purchase, goods and/or services. Legal status may be specific to the time or place where it occurs. The crime of "solicitation to commit a crime" occurs when a person encourages, "solicits, r ...
It is the action or instance of soliciting;
petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication.
In the colloquial sense, a petition is a document addressed to some offic ...
;
proposal
Proposal(s) or The Proposal may refer to:
* Proposal (business)
* Research proposal
* Proposal (marriage)
* Proposition, a proposal in logic and philosophy
Arts, entertainment, and media
* ''The Proposal'' (album)
Films
* ''The Proposal'' ( ...
. In criminal law, it most commonly refers to the act of offering money to someone with the specific intent of inducing that person to commit a crime.
Stalking
Stalking is unwanted and/or repeated surveillance by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitoring them. The ter ...
Stalking is the unwanted and repeated surveillance of a person by another individual or group.
Gathering of tools and clothing
The possession of tools used to facilitate a crime and clothing used to conceal the identity of the offender is usually prosecuted as 'possession of
burglary
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murde ...
tools'.
An example can be: "The bank robber packed a
crow bar
A crow is a bird of the genus '' Corvus'', or more broadly a synonym for all of ''Corvus''. Crows are generally black in colour. The word "crow" is used as part of the common name of many species. The related term "raven" is not pinned scientific ...
,
lock picks, and a
saw to be used to break into the bank and its
vault
Vault may refer to:
* Jumping, the act of propelling oneself upwards
Architecture
* Vault (architecture), an arched form above an enclosed space
* Bank vault, a reinforced room or compartment where valuables are stored
* Burial vault (enclosure ...
. Before he ventured towards the bank, the robber put on
sunglasses
Sunglasses or sun glasses (informally called shades or sunnies; more names below) are a form of protective eyewear designed primarily to prevent bright sunlight and high-energy visible light from damaging or discomforting the eyes. They can ...
and a
ski mask
A balaclava, also known as a balaclava helmet or ski mask, is a form of cloth headgear designed to expose only part of the face, usually the eyes and mouth. Depending on style and how it is worn, only the eyes, mouth and nose, or just the front ...
to hide his face, and he slid on a pair of
leather gloves
A glove is a garment covering the hand. Gloves usually have separate sheaths or openings for each finger and the thumb.
If there is an opening but no (or a short) covering sheath for each finger they are called fingerless gloves. Fingerless glov ...
to hide his
fingerprint
A fingerprint is an impression left by the friction ridges of a human finger. The recovery of partial fingerprints from a crime scene is an important method of forensic science. Moisture and grease on a finger result in fingerprints on surfa ...
s".
[See Schmalleger, ''Supra'', p. 404.][James W.H. McCord and Sandra L. McCord, ''Criminal Law and Procedure for the paralegal: a systems approach'', ''supra'', p. 127.]
See also
*
Crime scene getaway
A crime scene getaway is the act of fleeing the location where one has broken the law. It is an act that the offender(s) may or may not have planned in detail, resulting in a variety of outcomes. A :crime scene is the "location of a crime; e ...
References
Crime
Escape
Inchoate offenses