Criminal Law (Attempt)

Broadly speaking, there are two kinds of impossibilities

1. Factual impossibility 2. Legal Impossibility

3 possible explanations for requiring specific intent

1. Linguistic explanation: Attempt means to try to accomplish something; a person was not attempting something if they were not trying to accomplish it 2. Moral explanation: One who intends to commit criminal harm does greater moral harm than one who does so negligently or recklessly 3.. Utilitarian explanation: Intent is necessary to show that the act was likely to result in hurtful consequences

4 approaches to attempt

1. Proximity (Common law) 2. Equivocality (Common law) 2. Locus poenitentiae (Common law) d. Substantial step (MPC)

The only distinction between what constitutes acts of preparation between act of attempt that is widely accepted is that (2)

1. The first step along the way of criminal intent is not necessarily sufficient AND 2. The final step along the way of criminal intent is not necessarily required

2 kinds of legal impossibilities (Kind-of)

1. True legal impossibility 2. Mislabeled legal impossibility

2 Defenses to Attempt

1.Abandonment/Renunciation Defense 2. Impossibility Defense

Proximity Approach - Definition

Actions constitute attempt at the point where the crime will be completed unless frustrated by intervening circumstances

Attempt - Definition

An act though done w/ the intent of committing a crime, falls short of completing the crime for one reason or another

Inchoate crimes - Definition

Criminal liability imposed on actions taken towards the completion of serious offenses

A mislabeled legal impossibility _____ a defense at common law but ____ under the MPC

Is; is not

Under the common law the abandonment defense is

Not available

Another name for the locus poenitentiae approach to attempt is

Probable distance approach

Another name for the equivocality approach to attempt is

Res Ipsa Loquitar test

A true legal impossibility is when

Someone believes they are committing a crime, but the act is not actually criminally prohibited

A mislabeled legal impossibility is when

Someone hopes/expects to achieve certain result that is prohibited by law, but success is impossible because the circumstances are not what he thinks they are

No matter what the mens rea is required for the target offense, the mens rea for attempt is always

Specific intent (AKA purpose under the MPC)

The MPC approach to attempt is known as the

Substantial step approach

In People v. McNeal the the abandonment defense did not exculpate the defendant from liability because

The defendant did not decide to abandon the crime on his own; Would-be victim talked him out of it

Equivocality Approach - Definition

The defendant's actions must clearly demonstrate his intention to commit the offense

Unlike in the equivocality approach, the substantial approach allows the jury to consider

The defendant's statements, not just his conduct

The difference between the focus of the substantial step approach and the focus of the proximity approach is that

The focus of the substantial step approach is on what actor has already done, and the focus of the proximity approach is on what remains to be done

Locus Poenitentiae - Definition

The requirement of the act has been met when it seems clear that the defendant would not desist from committing the crime

Under the MPC, the abandonment offense is only applicable if abandonment is

Voluntary and completed

True legal impossibility is ____ a defense to attempt

always; exculpates under the MPC & at common law

Under a strict version of the equivocality approach, the prosecution cannot even bring in a

confession

Attempt is the classic

inchoate crime

The proximity approach evolved out of the

last step doctrine

Under the common law, the punishment for an attempted crime is _____ than the punishment for the completed offense

less

To convict a defendant of attempt, the prosecution must show

mens rea + actus reus

Factual impossibility is ____ a defense to attempt

never; does not exculpate under the MPC or at common law

The line between acts of preparation and acts of attempt is placed farther from completion under

the MPC approach than in common law approaches

Under the proximity approach used in People v. Rizzo, the defendant was not convicted of attempted armed robbery because

the defendant and his associates had not found or reached the presence of the person they intended to rob

In practice, the locus poenitentiae approach to attempt and the proximity approach are

the same

Under the MPC, the punishment for an attempted crime is _____ than the punishment for the completed offense

the same as