Page 10 Flashcards
What is the probable desistance approach?
D must pass the point where most men would think better of their conduct and desist
What is the indispensable element approach?
If any indispensable element still needs to be completed, defendant is not guilty
What is the last step test?
Defendant must have done all he could do to commit the crime, and outside forces were what stopped him from causing harm
What is the unequivocality test?
Defendant’s actions manifest an unequivocal intent to achieve the criminal objective
What is another name for the unequivocality test?
Res Ipsa Loquitur test
Under the unequivocality test, defendant does an act that is a step toward the commission of the crime, and that act must have what?
No other purpose than commission
What does the unequivocality test ignore about the defendant?
His confession and representation about his intentions
The unequivocality test is essentially like what?
Watching a movie with defendant’s actions, then stopping and asking audience what the end result will be. If there’s only one reasonable answer, defendant is guilty of attempt, but if there could be more than one answer, defendant has not yet done enough
What is an example under the unequivocality test where the defendant’s behavior was not unequivocal?
The D got in a car with intent to steal the radio, but when the owner approached he fled. That wasn’t enough because just entering a car is too equivocal
Under the unequivocality test, if defendant’s act is ambiguous, what does that mean for conviction?
Cannot be convicted
What is the substantial step test?
An act/omission that constitutes a substantial step in the course of conduct planned to culminate in the defendant’s commission of the crime
Whose approach is the substantial step test?
MPC
Which test for attempt is the majority approach?
MPC substantial step test
Is planning and preparation enough for an attempt conviction under the substantial step test?
No, there must be more than that, and defendant must come dangerously close to completion. Ie: getting weapons, prepping disguises, etc.
Is embarkation to complete a crime considered a substantial step under the substantial step test?
Yes if it places the defendant dangerously close to completion
Which of the attempt tests moves in the quickest and results in the most convictions?
MPC substantial step test
Does the MPC recognize an abandonment defense to attempt?
Yes
The Substantial Step test emphasizes what the defendant has already done, and how is liability imposed?
If some firmness of criminal purpose is shown
If an intended crime isn’t very serious, what is required to prove the substantial step test?
More evidence of dangerous closeness to complete the crime
If an intended crime is very serious, what is required under the substantial step test?
Presence, with intent and apparent ability to complete the crime is enough
What are some categories that are sufficient to prove the substantial step test if strongly corroborative of defendant’s criminal purpose?
- lying in wait
- trying to entice the victim to go to a place that the crime is contemplated
- reconnoitering the contemplated place
- unlawful entry of a structure/vehicle for the contemplated crime
- possession of materials intended to be used in the crime
- possession of materials that serve no lawful purpose, meant to be used in the crime
- soliciting an innocent agent to engage in conduct that is an element of the crime
What is required for MPC attempt?
Intent plus substantial step.
Under MPC attempt, a person is guilty when he acts in a way that would bring about the crime if what?
The circumstances were as he believed them to be
Under The MPC approach to attempt if you go to someone’s home intending to shoot him, see a figure in the door, and shoot, but it was actually someone else, what would your guilt be?
Guilty of attempted murder because you’re guilty if the circumstances were as you believed them to be (that your intended target was in the doorway)
Does mistake count under MPC attempt?
No
If you go to someone’s house intending to kill them, and see a figure in the door and shoot at it, but it was just a mannequin, are you guilty of attempted murder?
Yes, because mistake doesn’t count
If you go to someone’s house and two people are in the doorway and you shoot at X, but accidentally hit Y, what is your liability?
Depraved heart murder of Y because transferred intent applies, and attempted murder of X
If you drive super fast through a school zone and hit a child who doesn’t die, can you be charged with attempted murder?
No, because there was no intent/attempt to kill
What are the three things that are required for MPC attempt?
- mental state
- activity
- substantial step
What is the indispensable element approach?
if any indispensable element still needs to be completed, defendant is not guilty
What is the probable desistance approach?
D must pass the point where most men would think better of their conduct and desist
What is the last step test?
Defendant must have done all he could do to commit the crime, and outside forces were what stopped him from causing harm
What is the test to figure out the difference between a legal impossibility situation and a factual impossibility situation?
Does the defendant go away happy or frustrated?
- happy: legal impossibility
- frustrated: factual impossibility
