Attempt Flashcards
Attempt Elements
(1) a specific intent to commit the crime; and
(2) an overt act in furtherance of that intent
Attempt Intent Definition
The defendant must have the intent to perform an act and obtain a result that, if achieved, would constitute a crime.
Specific Intent Attempt
An attempt always requires a specific intent.
What about attempt to commit crimes requiring recklessness or negligence?
Logically impossible. A crime defined as reckless or negligent production of a result cannot be attempted.
What about attempt to commit strict liability?
Although strict liability does not require criminal intent, to attempt a strict liability the defendant MUST act with the intent to bring about the proscribed result.
Attempt Overt Act
The defendant MUST have committed an act beyond mere preparation for the offense.
Proximity Test
Traditional (Common law?): they have evaluated the act based on how close the defendant came to completing the offense. Under typical proximity test, attempt requires an act that is dangerously close to success.
Model Penal Code Test
Majority: require that the act or omission constitute a “substantial step in a course of conduct planned to culminate in the commission of the crime”. An act will not qualify as a substantial step unless it is strong corroboration of the actor’s criminal purpose.
Defenses to Attempt
(1) Impossibility of Success
(2) Abandonment
Is legal impossibility a defense?
Yes, b/c you can’t be guilty of completing acts that you intent that don’t constitute a crime.
Is factual impossibility a defense?
No. Not a defense that the substantive crime is incapable of completion due to some physical or factual condition unknown to the defendant.
Abandonment as a defense
Majority Rule: abandonment is NEVER a defense.
MPC: withdrawal is a defense but only if:
(1) it is fully voluntary and not made because of the difficulty of completing the crime or because of an increased risk of apprehension; and
(2) it is a completely abandonment of the plan made under the circumstances manifesting a renunciation of criminal purpose, not just a decision to postpone committing it or to find another victim.
