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Question 0

What is the probable desistance approach?

Answer 0

D must pass the point where most men would think better of their conduct and desist

Question 1

What is the indispensable element approach?

Answer 1

If any indispensable element still needs to be completed, defendant is not guilty

Question 2

What is the last step test?

Answer 2

Defendant must have done all he could do to commit the crime, and outside forces were what stopped him from causing harm

Question 3

What is the unequivocality test?

Answer 3

Defendant’s actions manifest an unequivocal intent to achieve the criminal objective

Question 4

What is another name for the unequivocality test?

Answer 4

Res Ipsa Loquitur test

Question 5

Under the unequivocality test, defendant does an act that is a step toward the commission of the crime, and that act must have what?

Answer 5

No other purpose than commission

Question 6

What does the unequivocality test ignore about the defendant?

Answer 6

His confession and representation about his intentions

Question 7

The unequivocality test is essentially like what?

Answer 7

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

Question 8

What is an example under the unequivocality test where the defendant’s behavior was not unequivocal?

Answer 8

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

Question 9

Under the unequivocality test, if defendant’s act is ambiguous, what does that mean for conviction?

Answer 9

Cannot be convicted

Question 10

What is the substantial step test?

Answer 10

An act/omission that constitutes a substantial step in the course of conduct planned to culminate in the defendant’s commission of the crime

Question 11

Whose approach is the substantial step test?

Answer 11

MPC

Question 12

Which test for attempt is the majority approach?

Answer 12

MPC substantial step test

Question 13

Is planning and preparation enough for an attempt conviction under the substantial step test?

Answer 13

No, there must be more than that, and defendant must come dangerously close to completion. Ie: getting weapons, prepping disguises, etc.

Question 14

Is embarkation to complete a crime considered a substantial step under the substantial step test?

Answer 14

Yes if it places the defendant dangerously close to completion

Question 15

Which of the attempt tests moves in the quickest and results in the most convictions?

Answer 15

MPC substantial step test

Question 16

Does the MPC recognize an abandonment defense to attempt?

Answer 16

Yes

Question 17

The Substantial Step test emphasizes what the defendant has already done, and how is liability imposed?

Answer 17

If some firmness of criminal purpose is shown

Question 18

If an intended crime isn’t very serious, what is required to prove the substantial step test?

Answer 18

More evidence of dangerous closeness to complete the crime

Question 19

If an intended crime is very serious, what is required under the substantial step test?

Answer 19

Presence, with intent and apparent ability to complete the crime is enough

Question 20

What are some categories that are sufficient to prove the substantial step test if strongly corroborative of defendant’s criminal purpose?

Answer 20

• 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

Question 21

What is required for MPC attempt?

Answer 21

Intent plus substantial step.

Question 22

Under MPC attempt, a person is guilty when he acts in a way that would bring about the crime if what?

Answer 22

The circumstances were as he believed them to be

Question 23

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?

Answer 23

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)

Question 24

Does mistake count under MPC attempt?

Answer 24

No

Question 25

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?

Answer 25

Yes, because mistake doesn’t count

Question 26

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?

Answer 26

Depraved heart murder of Y because transferred intent applies, and attempted murder of X

Question 27

If you drive super fast through a school zone and hit a child who doesn’t die, can you be charged with attempted murder?

Answer 27

No, because there was no intent/attempt to kill

Question 28

What are the three things that are required for MPC attempt?

Answer 28

• mental state
• activity
• substantial step

Question 29

What is the indispensable element approach?

Answer 29

if any indispensable element still needs to be completed, defendant is not guilty

Question 30

What is the probable desistance approach?

Answer 30

D must pass the point where most men would think better of their conduct and desist

Question 31

What is the last step test?

Answer 31

Defendant must have done all he could do to commit the crime, and outside forces were what stopped him from causing harm

Question 32

What is the test to figure out the difference between a legal impossibility situation and a factual impossibility situation?

Answer 32

Does the defendant go away happy or frustrated?

• happy: legal impossibility
• frustrated: factual impossibility