Attempt Flashcards
Can attempt stand alone as a crime?
No, attempt only exists in reference to another target crime
In terms of homicide, besides murder, what types of homicide can be attempted?
Attempted voluntary manslaughter but NOT attempted involuntary manslaughter or attempted felony-murder
What is the required mens rea for an attempt?
Purpose/specific intent to produce the proscribed result (even when a lesser mens rea would suffice for the completed crime)
In contrast, what level of mens rea does the MPC allow for attempt?
Seems to allow purpose or knowledge
What is the mens rea required for attendant circumstances in attempt?
The same mens rea required for attendant circumstances of the actual offense (for example, in rape, age of the victim is usually strict liability)
What are the various tests used to distinguish preparation from attempt for actus reus?
The last act test, dangerous proximity test, Williams subjective test, equivocality test, MPC
What is the most common test used for preparation v. attempt?
Dangerous proximity test
What is the dangerous proximity test?
The line is drawn between those acts which are remote and those acts which are proximate/near to the completion of the crime
What are the 2 approaches to the dangerous proximity test?
Focus on physical proximity or focus on proximity as a whole
When focusing on proximity as a whole for the dangerous proximity test, what factors can be considered?
Gravity of the intended offense, the apprehension the crime arouses, the probability that the crime would result, temporal proximity, physical proximity
What is the MPC test for preparation v. attempt?
Attempt is conduct which constitutes a substantial step in the direction of commission of the crime provided that the step strongly corroborates the firmness of the criminal intent
What are examples of substantial steps under the MPC?
Lying in wait/searching for the victim, enciting the victim to go to the place of the crime, reconnoitering the place, unlawful entry of a structure for commission, possession of materials to be used
What is the rule for abandonment defense to attempt?
Abandonment requires a complete and voluntary renunciation of the criminal attempt
When is abandonment considered involuntary?
Not freely chosen or motivated by circumstances that increase the probability of detection / make accomplishment more difficult
When is abandonment of attempt not complete?
If motivated by a decision to postpone the conduct until a more advantageous time or to transfer the intent to another victim
