Criminal Law · Attempt
Clear answer to: What Is Attempt in Criminal Law? with key cases, examples, and exam tips for law students.
Attempt in criminal law refers to a person's intention to commit a crime and taking substantial steps towards its completion but failing to do so. It is punishable even if the crime itself was not completed.
In criminal law, an attempt constitutes an intention to commit a particular crime paired with an overt act that unequivocally manifests that intention. This legal concept recognizes that the prevention of crime requires not just the completion of a criminal act but also the acknowledgment of a willful intention to commit it. The key distinction is that mere preparation is insufficient; the conduct must amount to substantial steps taken towards the commission of the crime.
Jurisdictions often adopt the Model Penal Code's standard defining an attempt as conduct that, without further conduct, would constitute the crime. Key elements for establishing an attempt generally include the mens rea (intent) required for the underlying offense and an overt act that is a substantial step beyond mere preparation.
For example, if a person attempts to rob a bank by entering the bank with a mask and a weapon but ultimately gets scared and leaves before committing the theft, this individual can still be charged with attempted robbery. This reflects the principle that the law holds individuals accountable not only for their completed crimes but also for their intentions and substantial steps towards those crimes.
Courts may vary in determining what constitutes a substantial step, with some using a 'probable desistance' test, which focuses on whether the defendant has made a move towards completion of the crime, or an 'unequivocality' standard, which emphasizes whether the actions would lead a reasonable observer to believe the crime would be completed. This nuanced approach impacts both prosecution strategies and defense arguments in attempted crimes.
If a person buys a gun and plans to kill someone but is arrested before they can execute the crime, they can be charged with attempted murder due to their clear intent and substantial steps taken toward the commission of the offense.
Attempt law frequently appears on exams through hypotheticals requiring students to analyze whether actions meet the criteria for attempt. Understanding the definitions and key cases is essential for success.