Inchoate Offenses Flashcards
What are inchoate offenses
Inchoate offenses: a step toward the commission of a crime, with the step itself being serious enough to warrant punishment
What are target offenses with inchoates
the crime the defendant is attempting to commit, conspiring to commit, or soliciting to commit
What is attempt
The steps taken toward the commission of a crime that surpass the “locus poenetentiae” (the point of no return)
What is the evidentiary issue with attempt
was the attempt complete or incomplete
What is a complete attempt
All steps have been taken and every act has been done but the defendant is unsuccessful in the intended result. (Defendant either assumes some fact mistakenly [i.e. pulled trigger thinking gun was loaded but it wasn’t] OR is unsuccessful in the attempt [shoots and misses the victim])
WHat is an incomplete attempt
Defendant does some of what he intended but then desists or is prevented from continuing (begins crime but sees a police officer and desists, or begins to commit a crime but thinks better of it and voluntary abandons the crime)
What is the actus reus of CL attempt
drawing the line between preparation and perpetration. Mere preparation is NEVER enough. Focus is on what the defendant hasn’t done yet
What are the seven tests for attempts
these tests seek to prove whether the defendant has crossed the line of LP. these legal tests are applied by the judge not the jury
1) Last act test
2) Physical proximity test
3) Dangerous proximity test
4) Indispensable fact test
5) Abnormal step test
6) probable distance test
7) Res Ipsa/unequivocal conduct test
What is the last act test
Defendant has performed all the acts he believes are necessary to complete the crime (ignites the bomb but it doesn’t blow)
What is the physical proximity test
One step before the last act (just has to ignite the bomb)
What is the dangerous proximity test
Dangerously near completion of the offense. The more serious the nature of the offense, the further away from completion the actions need to be before they qualify as an attempt
What is the indispensable element test
Defendant has obtained all the elements “indispensable” for committing the crime (ex. has gun loaded but not direct line of sight)
What is the abnormal step test
Defendant has taken steps that are beyond the point that normal law abiding citizens would take
What is the probable distance test
Guilty if they pass the point of no return, where they are past the point at which an ordinary person is likely to abandon their criminal behavior
What is the res/ipsa/unequivocal test
The physical conduct of the defendant unequivocally demonstrates an intent to complete the crime (look at what the defendant was doing, what he did, and NOT what was said) (ex. the case where the guy threatend to kill a guy at a bar, later drove out to the field, and walked toward the cop after loading his gun. cant say for certain what his intention was based on his verbal statements alone)
Analyze this attempt hypo with the common law tests “Reed is arrested on a plane with C-4 in his shoe. Can he be convicted for attempt under:”
Dangerous Proximity test? Yes (crime is so dangerous and he is so close)
Res Ipsa Loquitor test? Yes (the act of having C-4 speaks for itself)
Abnormal Step? Yes (putting C4 in your shoe and getting on a plane is abnormal)
Indispensable element test? Yes (he has every element he needs to ignite it
Physical proximity test? no (he hasn’t committed the last act )
What is the dual MR requirement of attempt
- intent to commit the actus reus
- Intent (purpose) to bring about the substantive offense (have to have purpose to produce the result, knowledge, recklessness, and negligence are not enough)
Can you attempt murder and voluntary manslaughter
yes because they have an intent to kill element
Can you attempt involuntary manslaughter, depraved heart murder, and felony murder
No because you cannot attempt what you don’t intent to do (cannot attempt any unintentional crime)
How does MPC view attempt
- shifts the focus from the act to the mens rea. Do the acts the defendant has already done strongly corroborate
What is completed attempt in MPC
Easy to determine defendants state of mind b/c the last act already occurred; the act just wasn’t successful
What is an incomplete attempt in MPC
Harder to determine because the last act hasn’t occurred; focus on the defendants state of mind
What does attempt actus reus look like in MPC
- Judges instructions to jury are really asking the jury if they are satisfied the act is substantial enough that it leaves only one inference (purpose)
- MPC lists conduct that may be held as substantial step. if the Defendant committed an act on the list, the judge must instruct the evidence be considered by the jury on whether the defendant was attempting a crime :
a. Lying in wait
b. Enticing or seeking to entice the victim
c. Gathering info about the place where crime will occur
d. Unlawful entry of a structure
e. Possession of materials to use in committing the crime that serve no other purpose but the unlawful one
f. Possession of materials at or near the contemplated crime scene (rat poison students)
g. Soliciting an innocent agent
what is the mens rea of attempt in MPC
purpose to bring about the target offense
What are the defenses to attempt
impossibility, abandonment(CL)/renunciation (MPC)
