ATTEMPT Flashcards
Attempt
line between preparation and perpetration
Incomplete Attempt
apprehended before last act
Complete attempt
does everything but fails
shoot and miss
common law mens rea
dual:
intent to do the act that brings d within proximity to underlying offense
intent to commit target offense (underlying crime)
MPC mens rea
complete conduct crime
5.01 A
purposely
MPC mens rea complete result crime
5.01 B
purposely or knowingly
mpc mens rea incomplete crime
5.01 C
guilty if purposely acts or fails to act in a manner that constitutes a substaintial step toward the crime
actus reus
distingusih from preparation - whether defendants actions come near enough or are sufficient enough to accomplish the crime
proximity v. steps taken (how close v how much done)
Physical Proximity
actor has the appparent power to complete the crime almost immediately
in a jurisdiction that uses this testno criminal responsibility if person far from intended result
requires the actor get “very near” to committing the crime
risk assessment: willing to allow person to get very close t ocommission of crime without being criminally liable
focus on how much there is left to do to complete the crime; not what actor has already done
Dangerous Proximity
did actor come dangerously close to comitting crime
holmes standard: the greater the gravity and probability of the offense, and nearer the act to the crime, the stronger the basis for attempt
People v Rizzo
couldnt find the victim
to remote
Probable desistance
without interruption will hte natural course of events culminate in the commission of the crime
- has victim reached point of no return
Unequivocally test
res ipsa loquitur test
only conisderation is Ds conduct
conduct alone must demonstrate criminal intent
Substantial Step (MPC)
focus on what the actor HAS DONE as opposed to what remains to be done
if defendant has taken substantial steps toward completion of crime, even though not within close proximity to completing crime, this test could be satisfied
- actions/steps must corroborrate Ds intent/criminal purpose
CL abandonmen
NO