Attempts + Special Defense Flashcards
Attempts
Consists of an overt act done with the specific intent to commit a crime, but that falls short of completing the crime
Overt Act
outward act, done in furtherance of the attemped crime; the Actus Reas
Mens Rea
every attempt offense is specific intent
MPC: purposefully, knowingly
CL: intentionally
Two Test (actus reas)
- focus on what remains to be done
- focus on what has already been done (MPC)
MPC Standard
guilty if:
1. purposely engage in conduct which would constitute a crime if the attendant circumstances were as he believes (legal impossiblity -hybrid)
2. does or omits to do anything with purpose of causing or belief that ir will cause such a result with no further action on his part (factual impossibility)
3. purposely does/omits to do anything which, under the circumstances, is a substantial step in a course of confuct planned to culminate in the comission of a crime
Substantial Step
an overt act that is strongly corroborative of the actor’s criminal intent
- need not be the last act
- can be an innocent act
- may be satisfied even if the crime is actually impossible to complete (ex. gun is inoperable)
Special Defenses
would D be guilty if the facts were as he believed them to be?
can not act a defense: factual and legal impossibility (hybrid form)
can act as a defense: legal impossibility (pure form), abandonment
Factual Impossibility
actors intended consequence is a crime, but he fails to consummate the offense because of the factual realities of an attendant circumstance beyond his control
Rare Exception to Factual Impossibility
may be a defense ONLY when the target offense is inherently factually impossible (sinking battleshop with a water pistol)
Legal Impossiblity (hybrid)
actor’s goal is illegal, but committing the offense is impossible dur to factual mistake regarding the legal status of an attendant circumstance that constitutes an element of the offense
(ex. attempting to bribe an apparent juror who is not a juror)
Legal Impossibility (pure)
occurs when:
1. the law does not proscrbe an actors conduct or desired result (lawful act w/ guilty conscience)
2. Actors conduct is prohibited by cannot legally constitue the offense charged
(thus, D would not be guilty of the target offense even if the facts are as he believed them to be)
ex. touching a woman’s breat believing it to be rape (althought may be guilty of assault, not guilty of rape)
Abandonment
must be voluntary and complete
Voluntary
must be the result of repentance and require a genuine change of heart; must be permenant
a. not b/c of unexpected resisitance
b. not b/c they are unable to complete the crime due to inadequacy
Complete
not complete if actor merely postpones his criminal act pending a better opportunity
MPC likewise recognizes an affirmative abandonment (renunciation) defense
