ATTEMPT Flashcards

1
Q

Attempt

A

line between preparation and perpetration

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2
Q

Incomplete Attempt

A

apprehended before last act

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3
Q

Complete attempt

A

does everything but fails

shoot and miss

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4
Q

common law mens rea

A

dual:
intent to do the act that brings d within proximity to underlying offense

intent to commit target offense (underlying crime)

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5
Q

MPC mens rea

complete conduct crime

A

5.01 A

purposely

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6
Q

MPC mens rea complete result crime

A

5.01 B

purposely or knowingly

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7
Q

mpc mens rea incomplete crime

A

5.01 C

guilty if purposely acts or fails to act in a manner that constitutes a substaintial step toward the crime

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8
Q

actus reus

A

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)

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9
Q

Physical Proximity

A

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

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10
Q

Dangerous Proximity

A

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

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11
Q

People v Rizzo

A

couldnt find the victim

to remote

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12
Q

Probable desistance

A

without interruption will hte natural course of events culminate in the commission of the crime
- has victim reached point of no return

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13
Q

Unequivocally test

A

res ipsa loquitur test
only conisderation is Ds conduct

conduct alone must demonstrate criminal intent

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14
Q

Substantial Step (MPC)

A

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

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15
Q

CL abandonmen

A

NO

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16
Q

MPC renunication

A

yes
complete and voluntary renunciation of criminal purpose
abandone
genuine change of heart

17
Q

Factual impossibility

A

no defense
objective of the defendant is a crime, but some factual circumstance unknown to defendant prevented devendent from committing crime
ex: attempting to rob empty pocket

18
Q

Pure legal impossibility

A

believe you are comitting a crime but you are not because intended act is not criminal

if intended act is not criminal, cannot be criminally liabiltiy for attempt to commit the act

ex trying to possess marijuana