Attempt Crime

Question 1

incomplete or unsuccessful criminal conduct

Answer 1

inchoate offense

Question 2

happens when person, with intent to commit an offense, engages in conduct that constitutes beginning of perpetration of offense, rather than mere preparation for, intended offense.

Answer 2

Attempt

Question 3

attempt merges into target offense if it is successfully completed.

Answer 3

Merger doctrine

Question 4

Often said mental state required for attempt is intent to commit some other crime. More complete that criminal intent involves two intents.
First = actor must intentionally commit acts that constitute actus reus of attempt
Second = actor must commit actus reus of attempt with specific intent to commit target offense

Answer 4

Attempt Mens Rea (Common Law)

Question 5

Generally, defendant not guilty of attempt unless it was her purpose (conscious object) to engage in conduct or to cause result that would constitute the substantive offense.

Answer 5

Attempt Mens Rea (MPC)

Question 6

person guilty of attempt to cause criminal result if she believes result will occur, even if it wasn’t her conscious object to cause it.

Answer 6

Attempt Mens Rea (MPC)

Question 7

Attempt does not arise unless actor has it within her power to complete crime almost immediately. One court said, act must go so far that it would result in commission of the crime if not frustrated by extraneous circumstances.

Answer 7

Physical proximity (Common Law)

Question 8

court considers gravity and probability of offense and nearness (in space and time) of act to crime. Oliver Wendell Holmes created. Standard not satisfied unless conduct so near to result the danger of success is very great. Vague test. More serious offense, less close actor must come to completing offense to be convicted of attempt.

Answer 8

Dangerous proximity (Common Law)

Question 9

emphasizes whether indispensable aspect of crime remains over which actor has not yet acquired control

Answer 9

Indispensable element (Common Law)

Question 10

focuses on how far defendant has come. Court will find attempt when, in ordinary course of events, without interruption by external forces, actor reached a point where it was unlikely he would have voluntarily desisted from his effort to commit crime

Answer 10

Probable desistance (Common Law)

Question 11

Act does not = attempt until ceases to be equivocal. Attempt happens when defendant’s conduct, standing alone, unambiguously manifests criminal intent. (Turn off the sound.) Reduces risk of false conviction but increases risk police will be unable to act quickly to prevent offense.

Answer 11

Unequivocality test (Common Law)

Question 12

test does not eliminate distinction between attempt and mere preparation

Answer 12

Substantial step test (MPC)

Question 13

usually less of a hurdle for prosecution than proximity tests. Permits apprehension of dangerous people at earlier stage

Answer 13

Substantial step test (MPC)

Question 14

how close did person come toward committing crime

Answer 14

Common law proximity tests

Question 15

how far did person go toward committing crime

Answer 15

Model Penal Code substantial step test

Question 16

defendant has done every act necessary to commit target offense but failed to commit crime.

Answer 16

Complete attempt

Question 17

defendant has not committed last act necessary on his part.

Answer 17

Incomplete attempt

Question 18

MPC Recognizes ____________ defense (CL does not) but places strict conditions
Person not guilty of attempt even if actions constitute substantial step in commission of targeted offense if (1) she abandons her effort to commit the crime or prevents it from being committed; and (2) her conduct manifests a complete and voluntary renunciation of her criminal purpose.

Answer 18

abandonment

Question 19

___________ cannot be motivated by circumstances not present at inception of defendant’s course of conduct that increase probability of detection or apprehension or that make more difficult accomplishment of criminal purpose

Answer 19

cannot be motivated by circumstances not present at inception of defendant’s course of conduct that increase probability of detection or apprehension or that make more difficult accomplishment of criminal purpose

Question 20

____________ is not complete if motivated by decision to postpone criminal conduct until a more advantageous time or to transfer criminal effort to another similar objective or victim

Answer 20

Renunciation

Question 21

Provide incentive to turn away

Person who voluntarily and completely abandons criminal endeavor is no longer dangerous

Answer 21

Rational for abandonment defense

Question 22

Not a defense at common law
Occurs when defendant’s desired end is an offense but defendant fails to complete offense because of factual circumstances unknown to defendant or beyond defendant’s control
Test – If facts had been as defendant believed them to be, would his conduct have been a crime? If yes, factual impossibility, not a defense.

Answer 22

Factual Impossibility

Question 23

Was a defense at common law
Pure legal impossibility – applies when defendant engages in lawful conduct that defendant incorrectly believes =crime. Just as ignorance of law is no excuse, one who incorrectly thinks he is committing a crime is not guilty of attempt

Answer 23

Legal Impossibility

Question 24

person is guilty of attempt if his conduct would constitute the crime if the attendant circumstances were as he believes them to be.
Abandons hybrid legal impossibility defense
Rationale – those acquitted because of impossibility are as dangerous as those convicted

Answer 24

MPC Approach to Impossibility