1

Mark murders Victor the victim. Mark's reason for committing the murder was Alice. At what point will Alice face repercussions? Just a few examples of what could be the case:

  1. Alice pays Mark $1000 to kill Victor (obviously Alice is screwed in this case)
  2. Alice offers sex to Mark if he kills Victor (or some other quid pro quo)
  3. Alice simply tells Mark to kill Victor, and Mark listens simply because he's a simp.
  4. Alice keeps implying strongly and seriously how much she wants Victor dead, and so Mark does the deed.
  5. Alice has been abused severely by Victor, and begs her friend Mark to kill Victor to save her.
  6. Alice jokes "I wish someone would kill Victor", and Victor takes it seriously and does it.

You can ignore the fact that, in practice, Alice could simply deny/feign ignorance in many of these cases.

chausies
  • 6,242
  • 3
  • 39
  • 77

2 Answers2

5

In Colorado, which is typical of U.S. law, the crime of asking someone to commit a crime is called "criminal solicitation." It is described as follows:

Colorado Revised Statutes ยง 18-2-301. Criminal solicitation (Current as of January 01, 2022)

(1) Except as to bona fide acts of persons authorized by law to investigate and detect the commission of offenses by others, a person is guilty of criminal solicitation if he or she commands, induces, entreats, or otherwise attempts to persuade another person, or offers his or her services or another's services to a third person, to commit a felony, whether as principal or accomplice, with intent to promote or facilitate the commission of that crime, and under circumstances strongly corroborative of that intent.

(2) It is a defense to a prosecution under this section that, if the criminal object were achieved, the defendant would be the sole victim of the offense or the offense is so defined that his conduct would be inevitably incident to its commission or he otherwise would not be guilty under the statute defining the offense or under section 18-1-603 dealing with complicity.

(3) It is no defense to a prosecution under this section that the person solicited could not be guilty of the offense because of lack of responsibility or culpability, or other incapacity.

(4) It is an affirmative defense to a prosecution under this section that the defendant, after soliciting another person to commit a felony, persuaded him not to do so or otherwise prevented the commission of the felony, under circumstances manifesting a complete and voluntary renunciation of the defendant's criminal intent.

(5) Criminal solicitation is subject to the penalties provided for criminal attempt in section 18-2-101.

Murder is a felony, so it is subject to this statute.

Cases 1, 2, 3, and 5 in the question all clearly come within the scope of this statute. Case 6 does not, because Alice lacks the requisite intent. Case 4 is a close one and a jury would have to decide if Alice's strong implications amounted to an entreaty or attempt to persuade a person, and would have to examine what her intent was in making those implications.

Case 5 is a crime because, while defense of others is a justification for killing someone, the threat must be imminent and deadly defense of others must be the only proportional option, while vigilante justice is not legal. This motive would be a mitigating factor in sentencing, upon conviction, however, and might convince a prosecutor to decline to press charges or to offer a more lenient than usual plea bargain given the circumstances.

Case 6 might still give rise to civil liability, if a jury found in a civil lawsuit, that Alice's actions, while not intentional, amounted to negligent or reckless conduct that caused a wrongful death to be committed, although Alice could not be found civilly liable for conspiracy, which like criminal solicitation, requires actual intent to cause of course of action to be committed.

But, different jurisdictions could define criminal solicitation (or civil liability) in ways relevant to these situations) differently.

The bottom line with respect to the various scenarios presented in the question is that the type of inducement to commit a crime provided isn't really relevant to criminal liability.

Some jurisdictions also make a distinction in the grade of homicide offense that is appropriate (which could influence the severity of the criminal solicitation sentence as well) between "murder for hire" which would include cases 1 and possibly 2, but not the others, and murder for other motives. In jurisdictions where the death penalty is available, murder for hire is often one of the sub-types of murder that is eligible for the death penalty.

ohwilleke
  • 257,510
  • 16
  • 506
  • 896
2

Abetting

In Canada, Alice would be criminally liable as a party to the offence of murder if she abetted the offence (that includes if she procured or encouraged the offence).

To be a party to the offence as an abettor requires that Alice hold the mens rea for murder. Alice would have to intend, through her encouragement or procurement, for the killing to happen.

See Criminal Code, s. 21(c); R. v. Greyeyes, [1997] 2 S.C.R. 825.

Counselling

Alice would also be criminally liable as a party to the offence if she "counselled" the offence. That is: the "deliberate encouragement or active inducement of the commission of a criminal offence." It requires "nothing less than an accompanying intent or conscious disregard of the substantial and unjustified risk inherent in the counselling."

See Criminal Code, s. 22; R. v. Hamilton, 2005 SCC 47.

Conspiracy to commit murder

Alice would also be criminally liable for conspiracy to commit murder if she and Mark agreed, implicitly or explicitly, on a common unlawful purpose of murder.

See Criminal Code, s. 465(1)(a); R. v. Dery, 2006 SCC 53.


On the facts as described, scenarios 4 and 6 do not assert the required elements for any of the above pathways to criminal liability.

  • Scenario 4 has Alice "implying." That does not say that she intended a killing. It does not say the implication was "deliberate." It does not say she was aware of any substantial or unjustified risk in the implication. It does not say that she agreed to killing as a common purpose.
  • Scenario 6 says Alice is "joking." That does not say that she intended a killing. That does not say she was aware of any substantial or unjustified risk in the joke. That does not say that she agreed to killing as a common purpose.
Jen
  • 87,647
  • 5
  • 181
  • 381