Attempt Flashcards
What are the two types of attempts?
Completed attempt - shoot and miss.
Incomplete attempts - crimes in which some intervening act occurs (e.g. police foil the plan from a tip)
Must be a mens rea and actus reus. Some act done towards carrying out the attempt.
How far must an act go to be considered an attempt?
The acts must be so near to the accomplishment of the crime that in all reasonable probability the crime itself would have been committed but for timely interference.
• The danger of success must be very great/dangerous proximity to success
• Dangerous Proximity to success (backwards approach, how close were they to committing the crime)
(Risso - Friends fail to rob payroll courier - no attempt because they could not find the courier in order to attempt the crime. No dangerously close proximity.)
What are the steps towards the commission of a crime?
Preparation - devising or arranging the means or measures necessary for the commission of the offense (no attempt at this point)
Attempt - the direct movement toward the commission after the preparations are made.
(Staples - rented apartment to drill into a bank vault from above. Began drilling = attempt)
What is the MPC standard for an attempt?
Requires that the defendant take substantial steps towards effectuating the commission of crime.
E.g.: lying in wait, searching or following the contemplated victim; recon of the place; unlawful entry of a structure; possession of materials to be employed in the commission of the crime; etc.
(LaTraverse - defendant attempts to dissuade police officer from giving testimony by attempting to burn officer’s car at officer’s home.
What is the requirement for the abandonment defense?
Must be a complete and voluntary renunciation (MPC)
What is the requisite mens rea for attempt?
- Intentionally commit acts that constitute the actus reas of an attempt; and
- Must perform these acts with the specific intent of committing the target crime (even if the target offense is a general intent crime)
What mens rea is required for attempted murder?
Defendant must have the specific intent to actually kill the victim. Intent to do great bodily harm is not enough?
(Harris - angry boyfriend shoots at girlfriend through rear car window)
