attempt Flashcards
attempt
line between preparation and perpetration
incomplete attempt
when the defendant fails to complete the last act necessary to complete target offense
- apprehended before last act
complete attempt
does everything but fails
- shoot and miss
common law attempt mens rea
- intent to do the act that brings D within proximity to the underlying offense
- intent to commit the target offense
MPC attempt mens rea
- PURPOSE to commit target offense
2. conduct is SUBSTANTIAL STEP TOWARD COMMISSION OF THE CRIME
actus reus
distinguinguish between preparation and perpetration -> whether defendants actions come newar enough or are sufficient enough to accomplish the crime
physical proximity
actor has the apparent power to complete the crime almost immediately
in a jurisidiction that uses this test
- no crim repsonisbility if the person is far from intended result
- requires the actor to get ‘very near’ to committing the crime
- risk assessment
focus on how much is LEFT to complete the crime
dangerous proximity
did the actor come dangerously close to committing the crime
holmes standard: gravity, probably, and nearer act to crime
probable desistance
without interruption will the natural course of events culminate in the commission of this crime?
- has the defendant reached a POINT OF NO RETURN in his preparation
objective test: too indeterminate?
unequivocally test
res ipsa loquitur test
only consideration is Ds conduct
must demonstrate criminal intent
–> would a reasonable person know unequiviocally what the actor is going to do
not widely used
MPC- Sub step test
focus on what the actor HAS DONE as opposed to what reamis
if the defendant has taken substantial steps toward completion of the crime, eve nthough not within close proximity to completing the crime, this test could be satisfied
- actions/steps must corroobrate Ds intent/ criminal purpose
CL defense?
NO ABANDONMENT
MPC defense?
renunciation
- complete and voluntary renunciation of criminal purpose
- genuine change of heart
factual impossibility
no defense
the objective of the defense is a crime, but some factual circumstances prevented the defendent from committing crime
–> example: attempting to steal from empty pocket, attempt to possess baking soda instead of cocaine
pure legal impossibility
believe you are committinga crime, but you are not because intended act is not criminal
if intended act not criminal, there cannot be criminal liability for any attempt
ex: shooting dead person, possessing marijuana in most states
