Attempt Flashcards
Define: Attempt
Punishment for criminal behavior, even when the individual fails to achieve the prohibited act.
Attempt is an Inchoate Offense
Define: Inchoate Offense
It means imperfect or incomplete
What are the two varieties criminal attempt?
1) Complete but imperfect attempts
2) Incomplete Attempt
Define: Complete-but-imperfect attempt
CBI attempts occur when the actor performs all of the acts she sets out to do, but fails to attain the results.
Example: Defendant intends to kill Victim, purchases a gun, loads it, drives to Victim’s home, waits for Victim to arrive, and when Victim does, fires the gun but misses the victim.
Define: Incomplete Attempt
Incomplete attempt occurs when the actor does some of the acts necessary to achieve the criminal goal, but either quits or is prevented.
Example: Defendant intends to kill Victim, purchases a gun, loads it, drives to Victims home, and waits for Victims to arrive. A neighbor sees Defendant outside of Victims home and calls the police. Victim arrives quickly followed by the police, police tackle Defendant before Defendant can shoot Victim.
MPC 5.01(c) Attempt
Acting with the kind of culpability required for the crime, the individual INTENTIONALLY does or omits to do anything that under the circumstances as he believes to them to be, is an act or omission that constitutes a substantial step towards the crime.
Define: A substantial Step
Conduct that strongly corroborates the defendant’s criminal purpose.
Illinois Attempt Statute
“A person commits the offense of attempt when, with the INTENT to commit a specific offense, he or she does any act that constitutes a substantial step towards the commission of that offense.
What is the mens rea/ actus reus required for Illinois Attempt
Mens Rea- The intent to commit a specific crime
Actus Reus- Intentional commission of a substantial step to commit a crime.
Is mere preparation considered taking a substantial step?
No, it is not.
Preparation is thinking about committing the crime, talking about it, or planning in the abstract to do it, while perpetration is taking an action that puts the plan into motion that would lead to the intended crime.
____ Travels with the bullet
Intent
What is abandonment as it applies to attempt?
an affirmative defense that the defendant has abandoned his effort to commit the crime or has prevented the commission of a crime.
What is an affirmative defense?
A defense which requires the defendant to prove it. The defendant is required to show proof that proves it.
What is required to prove abandonment of attempt?
The defendant must show a COMPLETE AND VOLUNTARY renunciation of his criminal purpose, NOT MOTIVATED by the probability of detection.
Is impossibility of a crime a defense to attempt?
No, a planned criminal acts impossibility is not a defense to the crime of attempt. Once the defendant has done all they see necessary to cause a result, they have committed the crime of attempt.
