Attempt

Question 1

Attempt Generally

Answer 1

When a person with the intent to commit an offense takes a substantial step beyond mere preparation and toward commission of the offense. (has to be attached to a crime, is an inchoate offense)

Question 2

Common Law Attempt Actus Reus

Answer 2

6 Proximity Tests:
1. Physical Proximity: Whether D committed an OVERT ACT that was PROXIMATE to the completed crime OR directly tending toward the completion of the crime

2. Dangerous Proximity: Whether an act is so near to the result that the danger of success is very great
3. Indispensable Element: Whether there is an element of the crime that the D has not acquired control over
4. Probable Desistence: Whether D’s conduct will result in the crime intended without interruption from an outside source.
5. Abnormal Step: Whether D’s conduct has gone beyond the point where the normal citizen would think better of his conduct and desist.
6. Res ipsa loquitor: Whether D’s conduct manifests an intent to commit a crime

Question 3

MPC Attempt

Answer 3

1.
a. Purposely engaged in conduct that would constitute the crime if the attendant circumstances were as he believes them to be; or
b. When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; or
c. Purposely does or omits to do anything that, under the circumstances as he believes them to be, Is an act or omission constituting a SUBSTANTIAL STEP in a course of conduct planned to culminate in his commission of the crime

Question 4

MPC Attempt Substantial Conduct List

Answer 4

a. Lying in wait
b. Enticing or seeking to entice contemplated victim to go to place of crime for its commission
c. Reconnoitering the place of possible crime
d. Unlawful entry of a structure
Possession of materials to be employed…that can serve no lawful purpose under the
circumstances
e.
f. Possession, collection, fabrication of materials to be employed
g. Soliciting an innocent agent to engage in the conduct constituting an element of the crime.

Question 5

TPC 15.01 Criminal Attempt

Answer 5

A person commits the offense if with SPECIFIC INTENT to commit an offense, he does an act amounting to more than MERE PREPERATION that tends but fails to effect the commission of the offense intended.

Question 6

MPC Abandonment

Answer 6

MPC accepts renunciation as a defense but it must be a complete and voluntary renunciation

Question 7

Factual Imposibility

Answer 7

Not a defense at common law

When a person’s intended end is a crime but fails to do the offense because of attendant circumstances unknown to him or out of his control

Question 8

Legal Impossibility

Answer 8

Defense at common law

When a person commits a lawful act with a guilty conscience

MPC and other jurisdictions do not recognize it as a defense