14. Attempt- Mens Rea

Question 1

Common Law

Answer 1

Conduct- Specific Intent

Circumstances-Specific Intent

Result-Specific Intent

Question 2

MPC Attempt

Answer 2

Conduct-Purpose

Circumstances-Same as completed crime

Result-Purpose

Question 3

Thomas (CO + FL)

Answer 3

Conduct-Purpose

Circumstances-Same as completed

Result-Same as completed

Question 4

People v. Thomas

Answer 4

• D got a call from ex-gf who said she’d been raped by neighbor, he pretended to be policeman, took him down to gf’s apartment, she said it was him, man fled, D fired 3 shots (two struck him, one fired from outside near his window)
• Convicted of attempted reckless manslaughter, SC upheld this offense
• Must intend to engage in/complete the risk producing act or conduct, engage in those acts with conscious and unjustifiable disregard of risk that act/conduct will result in death

Thomas like cases- someone shoots a gun, it hits someone, they survive, purposefully shooting a gun, person is recklessly indifferent as to if it hits/kills someone

Question 5

Thacker v. Commonwealth

Answer 5

• Drunk, P shot 3 times into tent, 2 shots almost hit woman and her baby
• Not attempted murder – not specific intent to commit a crime, didn’t intend to murder