Attempt Flashcards
Common Law
Intent to commit a crime + performance of an act toward its commissions + failure to commit the crime.
— the attempt is the direct movement towards the commission after the preparations are made
Dangerous Proximity Test
Common Law
- —Looks at what is left to be done
- —If the last proximate act is done, always sufficient, yet not always required,
- – Focus on the actor’s actions
- – Beyond mere preparation
Common Law: Legal Impossibility
When D’s actions sets in motion, even if fully carried out as he desires, would not constitute a crime
Courts look at objective acts performed to determine criminality without reliance on accompanying mens rea
COMPLETE DEFENSE
Common Law: Factual Impossibility
Objective of D is proscribed by criminal law, but a circumstance unknown to the actor prevents him from bringing about that objective
NEVER A DEFENSE
Common Law: Hybrid Impossiblity
Objective is criminal, but there is a factual mistake as to the legal status of the goods
Substantial Step Test
Focuses on what has already been done
Acting with culpability for the commission of the crime
Purposefully engages in conduct which would constitute crime if circumstances were as he believes them to be.
MPC: Mens Rea
Not guilty of a criminal attempt unless it was their purpose, conscious objective, to engage in the conduct or to cause the result that would constitute the substantive offense.
Attendant circumstance element: It is sufficient that the actor possessed the degree of culpability required to commit the target offense.
Common Law: Indispensable Element
Emphasizes whether an indispensable aspect of the criminal endeavor remains over which the actor has not yet acquired control.
Common Law: Abnormal Step
Where the focus is on whether D’s conduct has gone beyond the point where the normal citizen would think better of his conduct and desist
Res Ipsa Loquitur:
Where the D’s conduct manifests an intent to commit a crime.
What does it always require?
ALWAYS REQUIRES SPECIFIC INTENT
Actus Reus
Common Law: Proximity Tests– How close the D came to actually committing the crime that was his or her criminal object
Physical Proximity Doctrine Dangerous Proximity Doctrine Indispensable Element Test Probable Desistance Test Abnormal Step Approach Res Ipsa Loquitor/Unequivocally Test
Actus Reus: MPC
Substantial Step Test: Actus Reus of attempt is made out where the actor has taken a substantial step in a course of conduct planned to culminate his crime.
Criminal Idea–> Mere Preparation–> Substantial Step–> Proximity
1) Lying in wait, searching for, following victim
2) Reconnoitering the place contemplated
3) Unlawful entry
4) Possession of specially designed materials
5) Possession of materials at or near place of commission
6) Soliciting an agent to engage in conduct.
Abandonment
When an actor’s conduct would otherwise constitute an attempt, it is an affirmative defense that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.
