Attempt Flashcards
(4 cards)
What intent must a defendant have to be guilty of attempt?
Under the common law, you must have intent to commit the crime. This intent can sometimes be assumed through reckless behavior. (see smallwood)
Smallwood v. State
Facts: Smallwood was convicted for rape and murder through his awareness of his HIV-positive status and that he needed to practice “safe sex,” he did not use a condom in any of his sexual assaults.
Rule: Smallwood knew his HIV-positive status might lead to death and that he would be exposing his victims to the risk of HIV transmission through unprotected sex. Here, the state would allow the jury to infer an intent to kill based solely upon the fact that Smallwood exposed his victims to the risk that they might contract HIV.
MPC:
Just need the culpability otherwise required for the crime (purposely, etc.)
Result crimes need to have the purpose or belief/knowledge(specific intent) that the result will occur.
How do we define the actus reus of an attempt?
Last Act Test: accused must have taken the last step of the crime.
Dangerous proximity test: preparation so close to the actual commission of the crime that the crime would have happened without timely interference (objective test: was the actor actually close their their goal?)
Equivocality test: evaluate if the defendants actions clearly and unequivocally indicate criminal intent.
What constitutes a defense for attempt?
Impossibility defense against attempt; the crime is legally impossible to have been committed. Under the MPC abandonment will also constitute a defense.
What is the attempt defense of abandonment?
A complete and voluntary renunciation of his criminal purpose. He can’t be abandoning conduct due to increased scrutiny or a more advantageous time.
