Inchoate Offenses & Defenses Terms Flashcards
Inchoate offenses
Crimes of beginning-but-not-finishing. Elements are not all met
- ex: attempt or solicitation (to commit x offense)
Target crimes
For inchoate defense, need to ID these
- need to prove all elements of inchoate crime but NOT all elements of target crime
When finding actus reus and men’s tea for “attempt”
- Legislative history
- Common law principles since “attempt” is common
- Any common understanding
- People who wrote MPX
Attempt Actus Reus Tests: Common Law Tests (How Close to Completed Crime)
- Physical proximity
- Dangerous proximity test = greater the gravity/probability of offense, strong it’s attempt
- Indispensable element
- Probable desistance = conduct would result in crime (if not interrupted)
- Abnormal step
- Res ipsa loquitor or unequivocality = attempt when actor’s conduct manifests an intent to commit crime
- Last step or last act = must have completed last step toward completing crime, but for some reason not accomplish intended result
- maximum opportunity to repent (locus penitentiae)
MPC: steps strongly corroborative of criminal purpose = substantial step
Attempt mens rea rule
Requires to prove BRD that actor had intent/purpose to commit offense
- CL: “specific intent to commit underlying offense”
- MPC: “purposely engages in conduct that would constitute crime…”
Special scenarios
1. Where actus reus only requires reckless/negligence (attempt cannot be reckless)
2. Result crimes
3. Impossibility
Legal impossibility v. Factual impossibility
Legal: D engages in an act she thinks to be criminal but is not. Generally defense
Factual: D’s intended act is a crime but she fails to consummate it because of a factual circumstance unknown to her or beyond her control (ex: shooting unloaded gun)
Common law tried to distinguish these but failed
MPC just cares about the circumstances “as D believes them to be”
