Attempts AI Flashcards
What is the legal definition of an attempt in criminal law?
An attempt is an act done with the intent to commit a crime that goes beyond mere preparation.
True or False: An attempt can be charged even if the crime was not completed.
True
Fill in the blank: The mens rea required for an attempt is usually _______.
intent
What is the key difference between ‘attempt’ and ‘conspiracy’?
An attempt involves taking direct action towards committing a crime, while conspiracy involves an agreement between two or more people to commit a crime.
Which of the following is NOT a defense against an attempt charge? A) Impossibility B) Withdrawal C) Lack of intent
B) Withdrawal
What must be proven for a charge of attempt to be successful?
That the defendant had the intent to commit the underlying crime and took substantial steps towards its completion.
True or False: The ‘substantial step’ test is used to determine if an attempt has occurred.
True
What is ‘legal impossibility’ in the context of attempts?
Legal impossibility occurs when the act intended is not a crime, even if the defendant believes it is.
Fill in the blank: The _______ test is often used to assess whether a defendant’s actions constituted an attempt.
substantial step
What is the maximum penalty for an attempted crime compared to the completed crime?
The penalty for an attempt is generally less severe than that for the completed crime.
True or False: A person can be convicted of an attempt if they change their mind before completing the crime.
True
What is the ‘unequivocality test’ in attempts?
The unequivocality test assesses whether the defendant’s actions unambiguously demonstrate intent to commit the crime.
Multiple Choice: Which of the following is an example of an attempt? A) Planning a robbery B) Buying tools to commit a robbery C) Trying to break into a bank
C) Trying to break into a bank
What is ‘factual impossibility’ in the context of attempts?
Factual impossibility occurs when a defendant cannot complete a crime due to a factual circumstance, even if their intent was present.
Fill in the blank: A defendant is not guilty of attempted murder if they can prove _______.
they lacked the intent to kill