Attempt Part II - Abandonment / Impossibility Flashcards
1
Q
Abandonment
A
- Abandonment of effort to commit a crime or otherwise prevent it is an affirmative defense to conduct otherwise considered “attempt.”
Element: - “complete” and “voluntary” renunciation of his criminal purpose.
2
Q
Renunciation = not voluntary if:
A
- Motivated by:
o Increased chance of getting caught
o Increased difficulty of commission.
3
Q
Renunciation = not complete if:
A
motivated by a decision to:
1) Postpone the crime, or
2) Commit another crime that is similar.