Inchoate Offenses: Attempt Flashcards

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1
Q

What are the elements of “attempt” (2) ?

A
  1. “overt act” (beyond mere preparation) that falls short of completing a crime;
  2. done w specific intent of completing that crime
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2
Q

What is the rule re: attempt and specific intent?

A

Attempt is ALWAYS a specific intent crime, even if underlying crime is not

EXAMPLE –> murder doesn’t require specific intent, but attempt to murder does

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3
Q

Is it possible to attempt a negligent or reckless crime?

A

No

Example –> there can be no attempted negligent homicide

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4
Q

What is the rule re: “overt act”?

A

D must commit an act “beyond mere preparation” for the offense

Modern majority approach (and MPC) –> “substantial step test”

Traditional approach –> followed “proximity test”

NOTE –> overt act required for attempt is much more substantial than that required for conspiracy.

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5
Q

With regards to “over act” requirement - what is the modern/majority approach “substantial step test”?

A

Act or omission must constitute a “substantial step” in a course of conduct planned to culminate in commission of crime

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6
Q

With regards to “over act” requirement - what is the traditional “proximity test”?

A

Traditional “proximity test” - required D to be dangerously close to successful completion of crime

Example –> pointing gun at victim

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7
Q

What are the 3 defenses to be aware of with regards to attempt?

A
  1. Legal Impossibility
  2. Factual Impossibility
  3. Abandonment
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8
Q

What is the rule re: the defense of “LEGAL IMPOSSIBILITY” and attempt?

A

Legal impossibility IS a defense. You cannot attempt a crime that doesn’t exist.

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9
Q

What is the rule re: the defense of “FACTUAL IMPOSSIBILITY” and attempt?

A

“factual impossibility” is NOT a defense to attempt.

“factual impossibility” means that the crime is incapable of completion due to some PHYSICAL or FACTUAL condition unknown to D

Example –> D wants to shoot victim through window while D thinks victim is home, but victim is not. D is still guilty of attempt.

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10
Q

What is the rule re: the defense of “ABANDONMENT” and attempt?

A

At common law –> abandonment is NOT a defense
EFFECT: If D had intent and committed an OVERT act, he is guilty of attempt even if she changed her mind and abandoned act before doing it.

Model Penal Code Approach (minority) –> A FULLY VOLUNTARY and COMPLETE abandonment IS a defense to attempt

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