Criminal Law · Attempt
Clear answer to: Can A Party Attempt in Criminal Law? with key cases, examples, and exam tips for law students.
Yes, in criminal law, a party can attempt to commit a crime, which is termed 'attempt.' An attempt occurs when an individual takes substantial steps towards committing a crime but fails to complete it.
In criminal law, the concept of attempt is grounded in the doctrine that individuals can be held liable for actions taken to commit a crime, even if the crime itself is not completed. The model penal code defines an attempt as engaging in conduct that constitutes a substantial step toward the commission of a crime, with the requisite intent to commit that crime. Thus, to find someone guilty of an attempt, courts look at both the defendant's intent and their actions.
The substantial step test ensures that mere preparation or planning does not suffice for an attempt charge. Courts must determine whether the defendant's actions constitute a clear advance toward the crime. For example, buying a gun to rob a bank may indicate a substantial step, whereas doodling a plan in a notebook would not.
An attempt can be charged for both felonies and misdemeanors, but the punishment may vary. Many jurisdictions prescribe that an attempted crime could result in lesser penalties compared to a completed crime, reflecting the idea that actual harm was not caused.
Notably, the mens rea, or mental state, for an attempt generally requires the same intent as would be necessary for the completed crime. However, some jurisdictions acknowledge 'reckless' or 'general' intent as sufficient for certain lesser crimes. This nuanced view allows courts to differentiate between varying degrees of culpability.
Consider a situation where Person A intends to rob a bank. They are caught standing outside the bank, wearing a mask and holding a toy gun, contemplating their entry. While they have not yet entered the bank, their actions and equipment may constitute a substantial step towards committing the robbery, making them liable for attempt.
Questions about attempt often appear in exams regarding the elements of a crime, focusing on intent and substantial steps taken toward the completion of the crime.