Attempt

Question 1

Offenses like homicide, robbery, and assault are often divided into degrees with additional elements added to reflect increases in the

Answer 1

Severity of the offense

Question 2

The statutory definition of a _________ offense may incorporate the elements of a _________ offense into its definition, requiring an attorney to look at two or more statutes to determine the elements of the offense.

Answer 2

Greater
Lesser

Question 3

Attempt, Solicitation, Conspiracy

Answer 3

Inchoate

Question 4

___________ offenses (attempt, solicitation, and conspiracy) link the statutory definition of the inchoate offense to the statutory definition of an ordinary offense.

Answer 4

Inchoate

Question 5

___________ is an act done with the intent to commit a crime that falls short of completing the crime.

Answer 5

Attempt

Question 6

If a defendant is charged wit ha completed crime, they may be found guilty of

Answer 6

The completed crime OR attempt

Question 7

_________ is a lesser-included offense of the completed crime.

Answer 7

Attempt

Question 8

If a defendant is charged only with attempt, they _______ ________ be convicted of the completed crime.

Answer 8

May not

Question 9

If the crime is completed, the attempt _______ into the completed crime.

Answer 9

Merges

Question 10

There cannot be a conviction for both the completed crime and the attempt. True or False

Answer 10

True

Question 11

In general, attempt has two elements:
1.
2.

Answer 11

1. The intent to commit a specific crime; and
2. An overt act in furtherance of the crime

Question 12

The ________ _________ requirement focuses on wheter the defendant has crossed the line from mere preparation into perpetration of the completed offense.

Answer 12

Overt act

Question 13

The common law approach is a “_________” test that requires that the act be dangerously close” to the successful completion of the underlying crime.

Answer 13

Proximity

Question 14

The common law approach is a proximity test that required that the act be dangerously close to the successful completion of the underlying crime. This is a _______ _______ test concerned with how much the defendant had left to do to complete the crime.

Answer 14

Forward looking

Question 15

The ______ approach requires that the act constitute a “__________ ________” in a course of conduct panned to culminate in the commission of the crime” that strongly corroborates the actor’s criminal purpose.

Answer 15

MPC
Substantial step

Question 16

The MPC approach requires that the act constitute a substantial step in a course of conduct planned to culminate in the commission of the crime that strongly corroborates the actor’s criminal purpose. This is a ________ ________ test concerned with how much the defnendant had done in furtherance of the completed crime.

Answer 16

Backward looking.

Question 17

Defendant wants to kill the victim over a disputed debt. Defendant texts the victim to meet him at an abandoned ally, saying that he will pay the debt then. Defendant purchases a gun. He arrives well before the meeting to hide in the ally where the victim will not see him. The victim being suspicious never arrives. Which are overt acts the defendant took toward the attempted murder of the victim?
A. Purchasing the gun
B. Tricking the victim to come to the ally
C. Hiding to ambush the victim
D. All of the above

Answer 17

D. All of the above

Question 18

What constitutes a substantial step is a question of degree and depends upon

Answer 18

The circumstances of each case

Question 19

At common law, the prosecution must prove that the defendant had the __________ ___________ to commit the completed offense.

Answer 19

Specific intent

Question 20

The mental state required by the MPC is a combination of ____________/__________ and __________.

Answer 20

Purposely/ Intentionally and Knowingly

Question 21

The mental state required by the MPC is a combination of purposely.intentionally and knowingly:
* In most situations the mental state applied will be ___________/___________. (Conscious object to engage in the conduct or to cause a result.)
*If the offense is a result-of-conduct offense (like murder) the mental state can be __________. (Aware that it is practically certain that their conduct will cause such a result.

Answer 21

Purposely/ intentionally
Knowingly

Question 22

The defendant must also know of the existence of any _________ __________ that the completed crime requires. (Mental state for attempt)

Answer 22

Attendant circumstances

Question 23

One night defendant is extremely intoxicated, and despite pleas from his friends and family, drives home. While driving at an excessive rate of seeped, in a residential area, and without his headlights on defendant loses control of his car and crashed into a bus stop where his car strikes the victim. The victim suffers severe injuries, but survives. Which crime can the defendant be charged with?
A. Attempted negligent homicide
B. Attempted First Degree Murder
C. Attempted Second-Degree Depraved Heart Murder
D. Attempted Reckless Homicide
E. Vehicular Assault

Answer 23

Vehicular assault

Question 24

Defendant enters a bank where he produces a note demanding money and shows the teller a gun. The teller stalls for time while hitting the panic button. Defendant gets antsy and starts to run out of the bank, firing the gun behind him without looking. A bank customer is shot, but survives. Can defendant be charged with attempted felony murder?
A. True
B. False

Answer 24

B. False

Question 25

There are two types of impossibility:

Answer 25

Legal and factual

Question 26

Legal impossibility is a

Answer 26

Valid defense (albeit rare)

Question 27

Factual impossibility is

Answer 27

Not a defense

Question 28

The distinction between _______ and _______ impossibility turns on whether the intended acts of the defendant would be deemed a crime by the law.

Answer 28

Legal and Factual

Question 29

__________ ___________ exists when if a defendant having completed all the acts they intended to do, their actions would not amount to a crime.

Answer 29

Legal impossibility

Question 30

___________ ___________ exists when what the defendant intends to do is a crime, but they cannot complete it due to some physical or factual circumstance unknown to the defendant.

Answer 30

Factual Impossibility

Question 31

___________ is not a defense at common law.

Answer 31

Abandonment

Question 32

_____________ is a defense under the MPC.

Answer 32

Abandonment

Question 33

The defense of __________ is available only when a defendant voluntarily abandons his effort to commit the crime and voluntarily prevents its commission.

Answer 33

Abandonment

Question 34

Abandonment is a defense under the MPC. The defense of abandonment is available “only when a defendant voluntarily abandons his effort to commit the crime and voluntarily prevents its commission.” Voluntary means that ______________________________________.

Answer 34

The decision to abandon must originate with the defendant, not as a result of extrinsic factors that increase the probability of detection.