Attempt Flashcards
1
Q
Attempt
A
Specific Intent + Overt Act
Overt Act must be SUBSTANTIAL STEP in furtherance of the commission of the crime MERE PREPARATION WILL NOT SUFFICE
2
Q
Proximity Test
A
Dangerously close to commission
3
Q
Defenses to Attempt
A
Legal Impossibility, Abandonment (not recognized in common law)(MPC recognizes if voluntary and complete)
FACTUAL IMPOSSIBILITY NO DEFENSE