Attempt

Card Set Information

Author:
luis11lb
ID:
312172
Filename:
Attempt
Updated:
2015-12-02 19:36:01
Tags:
crimlaw15
Folders:

Description:
school
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  1. Attempt
    • Elements:
    • (1) Must have intent required of offense 
    • (2) Conduct must be beyond mere preparation
  2. Common Law Approach: Staples (guilty of attempted burglary of bank) 
    • Beyond mere preparation: unequivocal and direct step taken toward completion of offense 
    • Example: drilling beginning of breaking element 

    Focus: what remains to be done
  3. MPC Approach: Latraverse (intimidate officer & found with items in car) 
    • Beyond mere preparation: act or omission is a substantial toward completion of offense
    • Substantial step: conduct that is strongly corroborative of the defendant's criminal purpose 
    • Examples: found in victim neighborhood with equipment to complete offense 

    Focus: What already has been done (apprehended earlier than possible in common law)
  4. Attempt of Murder: Harris (man shot car as woman drove away) 
    Specific intent: intent to kill
  5. Attempt Defense: Abandonment
    Requirement: cannot abandon a completed attempt 

    Abandonment:
    voluntary departure from committing offense 

    • Involuntary Departure: departure was made because: 
    • (1) increased probability of apprehension
    • (2) postponing to another date
    • (3) targeting another victim or similar objective
  6. Attempt Defense: impossibility 
    Defense: conduct not a crime 

    No defense: if situation could have been as you thought it was and if conduct is criminal, liable

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