attempt-assault Flashcards
two elements of attempt
(1) intent to commit the crime alleged attempted, (2) commit some acts in furtherance of that intent, beyond mere preparation
why punish for attempt?
actor has a mens rea for the crime and is willing to act on it - deserves punishment
define “substantial step” as related to attempt
must be strongly corroborative of the actor’s criminal purpose
what types of acts are classified as a “substantial step” as related to attempt?
lying in wait, searching for/following victim, enticing/seeking to entice victim to go to place for crime, surveying intended place for crime, possession of materials specifically designed for unlawful use
what is the common law “proximity test” related to attempt?
must have engaged in the “last proximate act” - must have done everything he believes necessary to bring about the intended result
what is the “probable desistance test” related to attempt?
an act which, in the normal course of events, should result in the commission of the intended crime except for the intervention of some extraneous factor
what is the “equivocality approach” related to common law attempt?
the act which transforms the accused’s conduct from preparation to perpetration constitutes a step toward commission of the intended crime
what is the MPC definition of attempt?
acting with the kind of culpability otherwise required for commission of crime, purposely doing or omitting ot do anything which is an act or omission constituting a substantial step
define a “complete attempt”
defendant does everything possible, but the crime doesn’t occur for other reasons
define an “incomplete attempt”
defendant stops short, does nto take all steps necessary to complete the crime (changes mind, gets interrupted)
does attempt merge?
attempt ALWAYS merges with the successful crime
what mens rea needs to be proven for attempt?
need to prove specific intent to commit the full offense
is impossibility a defense to attempt for common law?
only legal impossibility
what kind of impossibility can be used as a defense to MPC attempt?
only TRUE legal impossibility recognized as a defense to attempt
define “true legal impossibility”
even if the act had been committed, no crime would have taken place
