Attempt Flashcards
Definition of Attempt
- A person is guilty of an attempt to commit a crime if he:
(a) purposely engages in conduct that would constitute the crime if the attendant circumstances were as he believes them to be; OR
c) purposely does or commits to do anything that, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
“(2)Conduct That May Be Held Substantial Step Under Subsection (1)(c).Conduct shall not be held to constitute a substantial step under Subsection (1)(c) of this Section unless it is strongly corroborative of the actor’s criminal purpose.”
Three types of impossibility
- Legal Impossibility
- Factual Impossibility
- Inherent Impossibility
Legal Impossibility
Denotes conduct where the goal of the actor is not criminal although he believes it to be,
Factual Impossibility
Denotes conduct where the objective is proscribed by the criminal law but a circumstance unknown to the actor prevents him from bringing it about.
NO DEFENSE SEE UNITED STATES v ROMAN
Inherent Impossibility
The means chosen are totally ineffective to bring about the desired result
Denotes conduct where the goal of the actor is not criminal although he believes it to be,
Legal Impossibility
Denotes conduct where the objective is proscribed by the criminal law but a circumstance unknown to the actor prevents him from bringing it about.
Factual Impossibility
The means chosen are totally ineffective to bring about the desired result
Inherent Impossibility
