Attempt Flashcards
What is attempt?
Attempt is the crime of “almost” committing a crime, and requires the D cross the line from preparation to perpetration
What are elements required for attempt?
- specific intent or purpose to bring about a criminal result
- a significant overt act in furtherance of that intent that proves the D went past the point of preparation and began perpetration
What is the common law requirement for an overt act required for attempt?
The D is required to perform the last act necessary to achieve the intended result
What is the MPC “substantial step” test regarding liability for attempt?
Acts prior are sufficient as long as they are a substantial step towards the commission that indicates a purpose to complete the attempt
What is the proximity test regarding overt acts creating liability for attempt?
The proximity test looks at how close in time and physical distance the D was to the time and place that the target crime was to be committed
What is the equivocality test for attempt?
The D’s conduct unequivocally indicates they were going to complete the target offense
What are defenses to attempt?
- abandonment
- legal impossibility
- factual impossibility
What is requirement for abandonment defense to attempt?
Common law: no defense is possible once the attempt is complete
MPC: voluntary and complete abandonment is a defense to attempt
What is legal impossibility defense to attempt?
D isn’t guilty if the act D thought was criminal was actually not criminal, despite the fact the thought they committed a crime
What is factual impossibility defense to attempt?
There is none - a D will be guilty of attempt if the D would have committed the offense had the facts been as D believed them to be
