ATTEMPT

Question 1

ATTEMPT

Answer 1

The crime of almost committing a crime.

Question 2

Act

Answer 2

An act that sufficiently constitutes an attempt when an acts cores the LP /Substantial Step

Question 3

Mens Rea

Answer 3

GI: Purpose to commit an act from preparation to perpetration or MPC - Substantial Step
SI: Purpose to commit the target offense

Question 4

CL tests to draw line b/t preparation & attempt

Answer 4

LDRIP 
Last Act 
Dangerous Proximity 
Res Ipsa/Unequivocal Conduct Test 
Indispensable Element Test
Probable Desistance Test 

These tests are apple by the judge, not the jury bc they are legal tests

Question 5

MPC Substantial Step Test

Answer 5

1) was ∆’s conduct a substantial step towards the completion of the crime
2) did the ∆’s conduct link w/the intent to complete the target offense?

Question 6

CL Defenses (Tests only apply to incomplete attempts not failed)

Answer 6

CL: ∆ is mistaken of something & if he wouldn’t of been mistaken he would of committed the crime:

1) Pure Factual Impossibility: bc of a fact ∆ assumed when he engaged in the conduct was wrong it was impossible to ever complete the crime.
- Never a defense

2) Legal Impossibility: ∆’s erroneous factual assumption nullifies the ability to consummate the crime.
- Committing a crime that doesn’t exist

3) Hybrid Impossibility: Factual mistake that relates to a legal element usually attendant circumstances.
- Never a defense
- Would have been a crime if the att. circ. would have been as the ∆ thought.
(i. e. ∆ shoots at who he believes is the president but bullet doesn’t go through bc of bulletproof glass)

***NO abandonment at CL: they courts would push the LP closed to the consummated offense that the D was merely in there preparation offense. - Problem the accomplice would get off too.

Question 7

How does MPC view attempt?

Answer 7

1) Shifts the focus from what the ∆ hasn’t done yet to what the ∆ has already done.