Attempt- Actus Reus
Accomplice attempt actus reus is determined under...
Accomplice liability, do NOT use attempt tests
Actus Reus of attempt can be an omission (if you're just standing around and doing nothing)
Actus Reus of attempt can be an omission (if you're just standing around and doing nothing)
Indispensible element test
Asks whether a D has control over an indispensable element to commit the offense with. If they don't, then they haven't attempted yet. D's favorite argument
What is the actus reus in attempt crimes?
Completed attempt, when D does everything they can to commit the crime
There is no defense for abandonment for...
Completed attempts
Physical Proximity Test
D is actually physically proximate, on the scene, have the tools, you have everything you physically need to commit the crime
MPC Substantial Step Test
Defendant has to take substantial steps to complete the crime and their acts must be strongly corroborative of criminal evidence
Res Ipsa Loquitur Test/Silent Movie Test/Unequivocality Test
Doesn't look at intent, we look at the acts only. If by looking at only the acts you can determine that they were going to commit the crime then it proves intent.
Even if prosecution can show attempt through mens and actus
If D fulfills the requirement of abandonment of attempt, D may escape liability
Abandonment
If D voluntarily and completely renounces criminal purpose
Stokes Test
If we know a person INTENDED to commit an act, then any acts done to carry out the crime is an attempt. Subjective, intent based test, P's test.
If Hoeffel gives you a question where a felony wasn't completed what will the defense want to use?
Indispensable element test
Renouncement is not voluntary and complete if....
It is caused by external factors that make the crimes harder to commit ex. unexpected resistance to crime, crime is harder to commit, likelihood of arrest has arise, D will do the crime another day
Renouncement is voluntary and complete if....
It is caused by internal factors, mindset of D has to change without outside influence ex. person is done forever and won't try to attempt crime again
Overt Act/Last Possible Act Test
Solicitation as your last act in perpetration of the crime makes you guilty because your intent is there, even though your role in the crime is over.
If Hoeffel gives you a question where a felony wasn't completed what will the prosecution want to use?
Stokes test and Substantial step test
Enticing victim to go to a location
Strongly corroborative evidence
Lying in wait
Strongly corroborative evidence
Possessing materials that are specially designed for unlawful use;
Strongly corroborative evidence
Possessing, collecting, or fabricating materials to be used in the crime's commission
Strongly corroborative evidence
Previewing a place you're going to commit a crime
Strongly corroborative evidence
Soliciting an innocent agent to commit the crime
Strongly corroborative evidence
Unlawful entry of a structure, vehicle, or enclosure where the crime is contemplated to be completed
Strongly corroborative evidence
What is the mens rea in attempt crimes?
The intent to commit the target crime
Actus reus for attempt is determined by...
The tests that draw a line between preparation and preparation, applies only to the principal.
When the prosecution uses the dangerous proximity test...
They will always argue that the hard part of the crime has already been completed
When you use the actus reus tests on the final...
Use three for prosecution and three for defense (can be the same three) Say what the test is and the facts that establish the test was met
Probable Desistance Test
Useful when D actually ran away or desisted. Asks whether an actor has gone past the point where a person could have reasonably desisted. If they do, then it is an attempt Ex. normal person would have stopped where D kept going, then he is past the point of probable desistance.
If you solicit someone to do a crime and they say yes...
You are guilty as a principal for the crime because solicitation was your last act to commit the attempt
Dangerous Proximity Test
You're not physically on the scene, but still dangerously close. Determined by the gravity of the offense, the nearness of the danger, and degree of apprehension itself. The more dangerous the crime, the danger is closer ex. I'm driving to someone's house with my gun vs. buying bullets to kill someone 15 states away. Very fluid
