Attempt Flashcards
1
Q
2 kinds of Attempts
A
1- Complete- all acts have bene completed
2- incomplete- some acts necessary to complete but doesn’t go through with it.
2
Q
Two fundamental things must exist
A
1-Act
2-Mens rea
Rizzo
3
Q
Actus Reus of Attempt
A
- a substantial step taken
- Dangerous proximity
- The key is how close D has come to completing the crime. Mere preparation is not enough
4
Q
Attempt definition
A
Specific intent crime
Attempt necessarily includes two intents: that D has both a conscious object to perform a specific act (e.g., pulling the trigger) and a conscious object to achieve a specific result (e.g., causing a death).