Criminal Law Final: 5. Attempt

Defenses to attempt: (1): ______ (2): ______

Abandonment; impossibility

Which CL actus reus test? D shoots someone intending to kill them.

Last Act test

Attempt: which is more strict, CL or MPC?

MPC

Which CL actus reus test? the actor must have done an act that results in the crime "but for" the intervention of some outside person.

Probable distance test

Which CL actus reus test? A terrorist brings a bomb onto a plane.

Probable distance test (nothing can stop the bomb now "but for" the intervention of outside persons)

In determining Attempt, we used the ______ test.

Substantial Step

Substantial Step Test: Preparatory acts: not a mere preparation, but tends to effect the _________

commission of a crime

Dangerous proximity test: an attempt occurs when D's acts result in dangerous proximity to:

completion of the crime

MPC: Mens Rea: looks at: (1): ____ (2): ____ (3): ______

conduct; result; circumstance

The traditional way of implementing the substantial step test is the:

dangerous proximity test

Which CL actus reus test? Uses multiple factors to determine how close the D was to committing the act such as seriousness of the offense, community resentment, and closeness to space and time

dangerous proximity test

Which CL actus reus test? The defendant has no other purpose than committing the crime

equivocality test

Which CL actus reus test? Things like diary entries, confessions, or other statements cannot be used to show actor was trying to commit a crime.

equivocality test

Which CL actus reus test? the actor could throw a cigarette into a barn lighting it on fire.

equivocality test

What type of impossibility is: D tried to sell illegal pills but they turned out to be sugar pills.

factual

CL: three types of impossibility: _____, ____ and _____

factual; legal; inherent

MPC: three types of impossibility: _____, ____ and _____

factual; legal; inherent

T/F: CL: factual impossibility is a defense.

false

T/F: CL: inherent impossibility is a defense.

false

T/F: Common law usually has a defense to attempt.

false

T/F: MPC allows abandonment when D abandoned because he is waiting for a better time.

false

T/F: MPC allows abandonment when D changed his mind because it was too difficult to complete to crime

false

T/F: MPC: factual impossibility is a defense.

false

T/F: You can have an attempted Assault

false

T/F: MPC: inherent impossibility is a defense.

false (but usually if very inherently impossible, prosecution will dismiss)

T/F: MPC: legal impossibility is a defense.

false (not explicitly, but because it requires the prosecutor to prove that there is a criminal statute punishing what the D intended to accomplish, pretty much means it is a defense)

An incomplete crime is also known as a ____- crime

inchoate

What type of impossibility is: D uses a voodoo doll to attempt to kill someone.

inherent

Attempt definition: Punishes offenders who ____ to commit a crime and ___ to implement that ____, but do not achieve their ____

intend; attempt; crime; goal

The Last Act Test requires a high level of ______

intent

Attempt CL Actus reus: must show high level of _____ and D comes very close to actually committing the ____ offense.

intent; target

Last Act Test: The D must commit the _____ of the crime.

last act

Attempt CL tests: (1): _____ test (2): _____ test (3): _____ test (4): _____ test

last act; equivocality; dangerous proximity; probable distance

What type of impossibility is: D tries to sell illegal pills but they actually are not illegal.

legal

If an offender completes the target offense, he cannot be convicted of attempt, because the crime of attempt will ____ with the completed crime.

merge

lying in wait, following the victim, unlawful entry possession of means to harm, soliciting others to engage in criminal conduct, and enticing the victim to go to such place and examples of:

preparatory acts

Two ways to implement the Substantial Step Test: (1): Look at _____ (2): _______ test

preparatory acts; dangerous proximity

MPC: Mens Rea: Result: permits conviction if the D acted with ____ or ____ that his act would case a particular result.

purpose; belief

MPC: Mens Rea: conduct: D must _____ engage in all _____ of conduct made criminal by the crime attempted.

purposely; elements

MPC: The defendant _____ commits an act that ____ causes the result under the same ______ as the _____ offense and he takes a ______ to commit the crime.

purposely; purposely; circumstances; target; substantial step

CL: Abandonment as a defense to attempt is allowed in some states if D can show that he abandoned the attempt due to _____ and not because it would have been _____ to complete the crime.

remorse; harder

An attempt requires a ______ to commit a _____ coupled with a ______ taken toward the commission of the intended crime, which fails to be complete.

specific intent; criminal act; substantial step

Attempt CL Mens Rea: the D must have the same _______ as that is needed for the conviction of the _____ offense.

state of mind; target

MPC: actus reus: D must take a ________

substantial step (possessing tools to commit the crime, soliciting someone, searching for the victim, etc.)

When someone intends to commit a crime, that is called the ____ crime.

target

MPC: Mens Rea: Circumstance: whatever Mens rea circumstance is required by the ____ crime will also be required for an ____ under MPC.

target; attempt

T/F: CL: legal impossibility is a defense.

true

T/F: MPC: abandonment is allowed as a defense.

true

For MPC abandonment, it must be _____ and _____

voluntary; complete