Attempt Flashcards

WHAT (7 cards)

1
Q

Mens Rea Attempt

A
  1. (Conduct) Intent to take actions toward committing the crime
  2. (Result) Intent to commit the target crime (State v. Gentry)
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2
Q

Actus Reus Attempt

A
  1. The act must be dangerous
  2. Higher standard than MPC
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3
Q

Mere Preparation tests

A

Five Different Tests (Common law)
1. Physical Proximity
a. A person has gone beyond mere
preparation and into attempt if
i. They are within physical proximity to
the scene of the contemplated crime
2. Dangerous Proximity
a. A person has gone beyond mere
preparation and into attempt if
i. They have taken acts towards the
target crime that is within “dangerous
proximity to success” (State v. Rizzo)
3. Substantial Step
a. A person has gone beyond mere
preparation and into attempt if
i. They have taken a substantial step
that is strongly corroborative of
purpose
ii. Bringing materials that serve no
lawful purpose to the crime
scene can be enough to
constitute a substantial step.
(State v. Reeves)
4. Indispensable Element
a. A person has gone beyond mere
preparation and into attempt if
i. They have completed an
indispensable element of the target
crime
5. Probable Desistance
a. A person has gone beyond mere
preparation and into attempt if they have
passed a point of probable desistance,
such as
i. They have taken an act which is
intended to bring about the target
crime
ii. They have set natural forces into
motion which would result in the
target crime, but for an unforeseen
interruption (such as police
interference) (Commonwealth v.
Peaslee)
6. Res Ipsa Loquitur
a. A person has gone beyond mere
preparation and into attempt if
i. Their conduct manifests the criminal
purpose.

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4
Q

Impossibility Defense

A
  1. Legal Impossibility is a Defense
    a. The defendant attempts to do something
    that is not against the law.
  2. Factual Impossibility is NOT a Defense
    a. The defendant attempts to murder
    someone who is not dead.
  3. INHERENT Factual Impossibility MAY be a Defense
    a. The defendant believes he can psychically
    set people on fire with his mind, he stares at
    a contemplated victim in an attempt to set
    her ablaze.
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5
Q

MPC 5.01 Attempt complete

A

5.01(1)(a) & (b) Attempt Complete
Purposeful;knowing (mens rea)
Same conduct as required for target crime (actus reus)

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6
Q

MPC 5.01 Incomplete attempt

A

5.01(1)(c) & (2) Attempt incomplete
a. Purposeful (mens rea)
b. Substantial step toward perpetration of crime (actus reus)
1. Lying in wait for the contemplated victim
2. Enticing or seeking to entice a victim to go somewhere for the target crime
3. Reconnoitering
4. Unlawful entry into a place where the attempted crime is going to be committed
Possession of materials to be employed in the crime that are specially designed for unlawful use, or that serve no lawful purpose of the actor under the circumstances
5. Possession, collection, or fabrication of materials to be employed in the commission of the crime at or near the scene of the crime where such possession, collection, or fabrication serves no lawful purpose of the actor
7. Soliciting an innocent agent to engage in conduct constituting an element of the crime

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7
Q

Abandonment MPC

A

Abandonment (renunciation) must be:
a. Voluntary
b. Complete
c. Not motivated by changed circumstances that increase the chance of getting caught. MPC 5.01 (4).
4. Not simply a decision to postpone to more advantageous time. MPC 5.01 (4).

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