Criminal Law

Question 1

Attempt

Answer 1

A criminal attempt is an act that, although done with the intention of committing a crime, falls short of completing the crime. The defendant must have the intent to perform an act and obtain a result that, if achieved, would constitute a crime. Also, the defendant must have committed an act beyond mere preparation for the offense. If a defendant has, with the required intent, gone beyond preparation, the general rule is that abandonment is not a defense. Even in those jurisdictions in which abandonment is a defense, such abandonment must be: (i) fully voluntary and not made because of the difficulty of completing the crime or because of an increased risk of apprehension; and (ii) a complete abandonment of the plan made under circumstances manifesting a renunciation of criminal purpose, not just a decision to postpone committing it or to find another victim.

Question 2

Conspiracy

Answer 2

consists of:
(i) an agreement between two or more persons;
(ii) an intent to enter into an agreement; and
(iii) an intent to achieve the objective of the agreement. In addition, most states require an act in furtherance of the conspiracy, although an act of mere preparation will usually suffice.
The agreement requirement means that the parties must agree to accomplish the same objective by mutual action. There must be a meeting of at least two “guilty minds”; i.e., between two or more persons who are actually committing themselves to the scheme. If one person in a two-party conspiracy is only feigning agreement, the other person cannot be convicted of conspiracy under the common law bilateral approach

• by withdrawing, a person may limit her liability for subsequent acts of the other members of the conspiracy
• conspiracy was complete when the robbers agreed to commit the robbery and targeted their first victim. The first robber’s withdrawal is no defense to the conspiracy charge.. a conspirator may limit his liability for subsequent acts of other conspirators by performing an affirmative act that notifies the other members of the conspiracy. Here, the first robber told the second robber that he was going home in time for the second robber to abandon his plans. Hence, he is not liable for felony murder arising from the robb

Question 3

Malice Aforethought

Answer 3

“Malice aforethought” can mean that the defendant is acting with a “wanton” state of mind. There is little question that shooting a rifle through a front door can be considered “wanton.” Thus, the question is whether the shooter’s intoxication was sufficient to negate this state of mind. If a defendant’s lack of awareness results from voluntary intoxication, his conduct will nevertheless be deemed wanton