Attempt

Question 1

Elements of Attempt

Answer 1

(1) Intent to commit target crime

(2) Intent to commit acts necessary to accomplish the crime that are beyond mere preparation

Question 2

Types of Attempt

Answer 2

(1) Complete Attempt
(a) D took all the steps necessary but failed
(2) Incomplete Attempt
(a) D took many of the steps required but was interrupted or apprehended

Question 3

Steps of an Intentional Crime

Answer 3

(1) Idea (no crime)
(2) Pros/Cons (no crime)
(3) Decision (mens rea)
(4) Prep (inchoate)
(5) Commences (inchoate)
(6) Complete (complete)

Question 4

Approach to Attempt [CL]

Answer 4

(1) Proximity Test
A defendant may not be convicted of attempt unless the defendant intentionally commits an act tending to the commission of a crime, which is so near to accomplishment of the crime that in all reasonable probability the crime itself would have been committed but for a timely interference

Question 5

Approach to Attempt [MPC § 5.01]

Answer 5

(1) Substantial Step Test (Subjective)

Did D take enough steps beyond mere prep?

Question 6

What Constitutes a Substantial Step Under MPC

Answer 6

(1) lying in wait;
(2) enticing or seeking to entice the contemplated victim of the crime;
(3) staking out the place contemplated for the commission of the crime;
(4) the unlawful entry of a structure;
(5) possession of materials to be employed in the crime;
(6) possession, collection or fabrication of materials to be employed in the crime;
(7) soliciting an innocent agent to engage in conduct constituting an element of the crime

Question 7

Defenses to Attempt [CL]

Answer 7

(1) Abandonment
(a) Only works if D is still in the “preparation” phase
(b) Voluntary = valid defense
(c) Involuntary = invalid defense
(2) Legal Impossibilty

Question 8

Defenses to Attempt [MPC]

Answer 8

Renunciation

(1) Must abandon effort or prevent crime
(2) Must manifest complete and voluntary renunciation
(3) Must manifest a sincere change of heart and mind

Question 9

Acts That Do Not Equate to Attempt

Answer 9

(1) Attempted second-degree murder is not a criminal offense
(2) Transferred intent does not apply to attempted murder
(a) Exception = Kill Zone Theory

Question 10

Kill Zone Theory

Answer 10

D creates a risk of death in the vicinity of the primary victim to ensure that the primary victim is killed

Question 11

Merger of Offenses [Attempt]

Answer 11

Attempt and Solicitation merge into one crime under both CL and MPC