Read People v. Dennis 340 N.W.2d 81 (1983)

Sample Solution

   

Yes, the Michigan Court of Appeals upheld the defendant's conviction in People v. Dennis 340 N.W.2d 81 (1983).

The court found that the defendant's solicitation of the police officer was a completed offense, even though the officer did not have the intent to murder. The court reasoned that the defendant's intent was the only element of the crime that mattered, and that she had done everything necessary to complete the offense of incitement to murder.

The court also rejected the defendant's argument that the crime was not possible because the police officer did not intend to murder. The court held that the possibility of completion is not an element of the crime of incitement to murder, and that the crime is complete as soon as the defendant solicits another person to commit murder.

Full Answer Section

      Background In People v. Dennis, the defendant, Diane Dennis, was convicted of incitement to murder, which is the Michigan equivalent of solicitation to murder. Dennis had solicited a police officer posing as a hit man to murder her husband. The police officer did not have the intent to murder, and Dennis was arrested before the murder could be carried out. Issue On appeal, Dennis argued that her conviction should be overturned because the crime of incitement to murder was not complete. She argued that the crime was not possible because the police officer did not intend to murder. Holding The Michigan Court of Appeals upheld Dennis's conviction. The court held that the crime of incitement to murder is complete as soon as the defendant solicits another person to commit murder. The court also held that the possibility of completion is not an element of the crime. Reasoning The court reasoned that the defendant's intent is the only element of the crime of incitement to murder that matters. The court also reasoned that the crime is a serious offense because it encourages violence and undermines the public's confidence in the criminal justice system. Conclusion The Michigan Court of Appeals upheld Dennis's conviction for incitement to murder. The court found that the crime was complete as soon as Dennis solicited the police officer to murder her husband, and that the possibility of completion was not an element of the crime.