Inchoate Crimes & accomplice Liability

Question 1

Attempt

Answer 1

1. the person being sued must have intended to commit the crime ie ( mens rea) and that
2. they committed an overt act beyond mere preparation ie( actus reus)
3. regardless of the underlying crime, attempt is always a specific intent crime

Actus Reus -Overt Act beyond Mere Preparation

Has to be more than just sharing that you have intent to commit a criminal act.
One cannot be convicted for thining evil thought or plotting in their mind to commit a crime.

All courts require that the defendant must have committed some overt act beyond mere preparation.

Under the Model Penal Code, the courts require the defendant to achieve a “ dangerous proximity to success

Mens Rea- specific intent