ATTEMPT

Question 1

Attempt

Answer 1

line between preparation and perpetration

Question 2

Incomplete Attempt

Answer 2

apprehended before last act

Question 3

Complete attempt

Answer 3

does everything but fails

shoot and miss

Question 4

common law mens rea

Answer 4

dual:
intent to do the act that brings d within proximity to underlying offense

intent to commit target offense (underlying crime)

Question 5

MPC mens rea

complete conduct crime

Answer 5

5.01 A

purposely

Question 6

MPC mens rea complete result crime

Answer 6

5.01 B

purposely or knowingly

Question 7

mpc mens rea incomplete crime

Answer 7

5.01 C

guilty if purposely acts or fails to act in a manner that constitutes a substaintial step toward the crime

Question 8

actus reus

Answer 8

distingusih from preparation - whether defendants actions come near enough or are sufficient enough to accomplish the crime
proximity v. steps taken (how close v how much done)

Question 9

Physical Proximity

Answer 9

actor has the appparent power to complete the crime almost immediately
in a jurisdiction that uses this testno criminal responsibility if person far from intended result

requires the actor get “very near” to committing the crime

risk assessment: willing to allow person to get very close t ocommission of crime without being criminally liable

focus on how much there is left to do to complete the crime; not what actor has already done

Question 10

Dangerous Proximity

Answer 10

did actor come dangerously close to comitting crime

holmes standard: the greater the gravity and probability of the offense, and nearer the act to the crime, the stronger the basis for attempt

Question 11

People v Rizzo

Answer 11

couldnt find the victim

to remote

Question 12

Probable desistance

Answer 12

without interruption will hte natural course of events culminate in the commission of the crime
- has victim reached point of no return

Question 13

Unequivocally test

Answer 13

res ipsa loquitur test
only conisderation is Ds conduct

conduct alone must demonstrate criminal intent

Question 14

Substantial Step (MPC)

Answer 14

focus on what the actor HAS DONE as opposed to what remains to be done

if defendant has taken substantial steps toward completion of crime, even though not within close proximity to completing crime, this test could be satisfied
- actions/steps must corroborrate Ds intent/criminal purpose

Question 15

CL abandonmen

Answer 15

NO

Question 16

MPC renunication

Answer 16

yes
complete and voluntary renunciation of criminal purpose
abandone
genuine change of heart

Question 17

Factual impossibility

Answer 17

no defense
objective of the defendant is a crime, but some factual circumstance unknown to defendant prevented devendent from committing crime
ex: attempting to rob empty pocket

Question 18

Pure legal impossibility

Answer 18

believe you are comitting a crime but you are not because intended act is not criminal

if intended act is not criminal, cannot be criminally liabiltiy for attempt to commit the act

ex trying to possess marijuana