Attempt Part II - Abandonment / Impossibility Flashcards

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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.
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2
Q

Renunciation = not voluntary if:

A
  • Motivated by:
    o Increased chance of getting caught
    o Increased difficulty of commission.
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3
Q

Renunciation = not complete if:

A

motivated by a decision to:

1) Postpone the crime, or
2) Commit another crime that is similar.

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