A criminal attempt occurs when someone intends to commit a particular crime and takes meaningful action toward it, but the intended crime is not completed. This lesson introduces attempt as an inchoate offense and explains the basic elements and the boundary between preparation and execution.
An attempt is an offense that arises when a person has the intent to commit a crime and takes conduct toward completing it, but the full crime does not occur. The failure may result from interruption, frustration, abandonment, or circumstances beyond the person's control.
All flashcards
Criminal attempt
An offense involving intent and conduct toward a target crime that is not completed.
Inchoate offense
An incomplete or developing crime that may be punishable before the intended offense is completed.
Actus reus and mens rea in attempt
Actus reus is conduct toward the crime; mens rea is the required mental state, generally intent to commit the target crime.
Preparation-execution boundary
The legal line between preliminary conduct and conduct sufficiently connected to carrying out a crime.
Voluntary renunciation
In jurisdictions recognizing the defense, a complete and voluntary abandonment of the criminal effort or prevention of the crime.
Quiz questions
What does the dangerous-proximity approach consider when assessing an attempted crime?Answer: How close the defendant came to completing the crime.
Why is recklessness about the central criminal result usually insufficient for attempt?Answer: Attempt generally requires intent to commit the target crime.
Under Model Penal Code section 5.01(4), when may renunciation provide a defense to attempt?Answer: When the defendant completely and voluntarily abandons the effort or prevents the crime.
Under the Model Penal Code substantial-step approach, what conduct can support attempt liability?Answer: A substantial step in a planned course intended to culminate in the crime.
Under the England and Wales test, who applies the 'more than merely preparatory' standard to the evidence?Answer: The jury, following the judge's instructions on the law.
Based on the Wikipedia article Attempt, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.