Attempts

Attempt CL: Actus Reus

Act beyond mere preparation Must engage and have done something more How close has the actor came to actually committing the criminal offense intended to be committed?

Attempt CL: Merger

If accused is convicted of both an attempt to commit a crime and the actual commission of the same crime, the offenses merge and the convicted D is only sentenced for the greater offense

Attempt CL Mens Rea

Intent to commit the specific crime that was the actor's criminal objective Prosecution cannot establish this element by proving that the accused intended to commit any criminal act

Attempt CL: Proximity Tests

Last Act: only complete, but imperfect attempts punishable (NO LONGER USED) Dangerous Proximity: Dominate approach looks at how close you are to completing the last act

Attempt CL: Abandonment Defense

Minority allows, but not usually a defense Idea that in an attempt you have not committed the crime yet; so what happens to person before they commit that crime? They abandon the plan, can you still charge them with attempt? In common law this is not a defense

Attempt MPC Mens Rea

Purpose to commit crime OR Knowledge crime will happen

Attempt MPC Actus Reus

Substantial Step (Shows that act really intended to commit the crime= backward looking) lying in wait enticing victim recoinnotering (scoping out place where crime will be committed) illegal entry specific instrumentalities collecting possessions soliciting innocent agents Jackson case: Substantial steps met when robbery rescheduled and equipment was in the car to rob the bank

Attempt MPC Abandonment Defense

Valid if complete and voluntary renunciation ---Complete renunciation of criminal purpose ------can't just put off for later/pick another victim Voluntary renunciation Not valid if something unexpected comes in way and makes it hard to complete crime or makes it more likely D will be caught Reason for this defense: if punishment is the same for attempt as committing the crime, why wouldn't a person just commit the crime

Dangerous Proximity CL

Weigh gravity and probability of the offense + nearness of the act to the crime Forward looking Rizzo: NO attempt because never came close to having actual opportunity to commit the crime even though they were looking for it Bell: NO attempt because he never actually saw the child trying to prostitute

Attempt CL Mens Rea- negligence or recklessness

You cannot attempt to act negligently, because then you are acting intentionally (person knows what he is doing) NO SUCH THING AS ATTEMPTED INVOLUNTARY MANSLAUGHTER

Unequivocal Intent

act must firmly show D's specific intent to commit the crime Have to show specific intent that rules out any other plausible explanation for the D's actions McQuirter: Unequivocal intent found for black man following white woman up and down street Miller: Unequivocal intent not found because there were 2 potential reasons why D had the gun

Attempt

definition: act, although done with intention of committing a crime, falls short of completing the crime This is NOT a crime in itself Different Common Law and MPC Note: Causation will always be satisfied