15. Abandonment

Question 1

Conventional approach

Answer 1

abandonment not exculpatory once you’ve crossed into attempt, don’t get to abandon attempt

Question 2

MPC

Answer 2

recognizes abandonment is limited circumstances

• Affirmative defense if he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose
• Doesn’t count if motivated by circumstances that increase probability of detection or apprehension or that makes it harder to accomplish crime or if saved for later

Question 3

Ross v. Mississippi

Answer 3

• Ross knocked on door, asked for directions, pulled gun on her and ordered her to get undressed, shoved her onto couch, she says she has a little girl who’ll be home soon, he says he wouldn’t do anything, tells her to walk outside, and he leaves, attempted rape
• Question- did he abandon his attack? Yes, voluntary abandonment may negate attempt
• Doesn’t count if ceased efforts because victim or third party intervened or prevented him from furthering the attempt
• Subjective inquiry into what made Ross leave (said it was responding sympathetically to victim saying he had a little girl, she persuaded him to abandon the attempt)