Solicitation in Arkansas
Most people have heard of those angry wives with filthy rich husbands wanting to get rid of them by hiring a hit man. Those wives more than likely convinced the hit man to murder their husbands with promise of large payment or other favors. This criminal offense is considered and charged as criminal solicitation and most times, murder in Arkansas. Common law and current statues in the state of Arkansas pertaining to criminal solicitation are similar, yet different due to revisions made over the years to assist with interpretation and punishments.
Solicitation is the crime of trying to get someone else to commit a crime. (Samaha, 2014) In common law, no matter the seriousness of the solicitation offense, one can be charged. Common law elements include actus reus and mens rea. Actus reus of solicitation is when someone encourages with certain words to commit a crime. (Samaha, 2014) Solicitation of mens rea is the purpose or specific intent to get someone to commit a crime. (Samaha, 2014) According to Beth Walston-Dunham, when charging someone under common law for solicitation, the defendant must be charged with attempt or the actual crime or both. If convicted of the crime, the defendant can’t be convicted of attempt and vice versa. (Walston-Dunham, 2009) Over the years many states have changed from common law to follow the Model Penal Code or modern statutory laws of their own
In Arkansas, the current classification for solicitation and charges that can be associated is defined as:
(a) A person solicits the commission of an offense if, with the purpose of promoting or facilitating the commission of a specific offense, the person commands, urges, or requests another person to engage in specific conduct that would:
(1) Constitute that offense;
(2) Constitute an attempt to commit that offense;
(3) Cause the result specified by the definition of that offense; or
(4) Establish the other person's complicity in the...