Attempts AI Flashcards

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1
Q

What is the legal definition of an attempt in criminal law?

A

An attempt is an act done with the intent to commit a crime that goes beyond mere preparation.

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2
Q

True or False: An attempt can be charged even if the crime was not completed.

A

True

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3
Q

Fill in the blank: The mens rea required for an attempt is usually _______.

A

intent

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4
Q

What is the key difference between ‘attempt’ and ‘conspiracy’?

A

An attempt involves taking direct action towards committing a crime, while conspiracy involves an agreement between two or more people to commit a crime.

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5
Q

Which of the following is NOT a defense against an attempt charge? A) Impossibility B) Withdrawal C) Lack of intent

A

B) Withdrawal

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6
Q

What must be proven for a charge of attempt to be successful?

A

That the defendant had the intent to commit the underlying crime and took substantial steps towards its completion.

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7
Q

True or False: The ‘substantial step’ test is used to determine if an attempt has occurred.

A

True

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8
Q

What is ‘legal impossibility’ in the context of attempts?

A

Legal impossibility occurs when the act intended is not a crime, even if the defendant believes it is.

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9
Q

Fill in the blank: The _______ test is often used to assess whether a defendant’s actions constituted an attempt.

A

substantial step

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10
Q

What is the maximum penalty for an attempted crime compared to the completed crime?

A

The penalty for an attempt is generally less severe than that for the completed crime.

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11
Q

True or False: A person can be convicted of an attempt if they change their mind before completing the crime.

A

True

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12
Q

What is the ‘unequivocality test’ in attempts?

A

The unequivocality test assesses whether the defendant’s actions unambiguously demonstrate intent to commit the crime.

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13
Q

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

A

C) Trying to break into a bank

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14
Q

What is ‘factual impossibility’ in the context of attempts?

A

Factual impossibility occurs when a defendant cannot complete a crime due to a factual circumstance, even if their intent was present.

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15
Q

Fill in the blank: A defendant is not guilty of attempted murder if they can prove _______.

A

they lacked the intent to kill

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16
Q

True or False: Preparation alone is enough to constitute an attempt.

A

False

17
Q

What is the significance of ‘abandonment’ in attempt law?

A

Abandonment refers to a defendant’s decision to withdraw from the attempt, which can be a defense if it is voluntary and complete.

18
Q

Multiple Choice: Which scenario represents a completed attempt? A) Buying a gun to commit a robbery B) Attempting to fire the gun at a target C) Leaving the scene after planning the robbery

A

B) Attempting to fire the gun at a target

19
Q

What does the term ‘inchoate offense’ refer to?

A

An inchoate offense is a crime that was begun but not completed, such as an attempt or conspiracy.

20
Q

Fill in the blank: The law distinguishes between _______ attempts and _______ attempts.

A

imperfect; perfect

21
Q

True or False: An individual can be charged with an attempt even if they did not intend to commit a crime.

A

False

22
Q

What role does ‘preparation’ play in determining an attempt?

A

Preparation alone is insufficient; the defendant must take substantial steps towards committing the crime.

23
Q

What are the facts for R v Geddes 1996

A

D intended to kidnap a boy from school. He was discovered in the boys’ lavatory with a rucksack containing a knife and rope.

24
Q

What was held for R v Geddes 1996

A

Not guilty as he didn’t do any acts to get the boy such as finding the boy and grabbing him, it is merely preparatory