Criminal Law · Attempt
Clear answer to: What Is The Test For Attempt in Criminal Law? with key cases, examples, and exam tips for law students.
The test for attempt in criminal law requires that the defendant has both the intent to commit a crime and has taken a substantial step towards the commission of that crime.
In criminal law, an attempt to commit a crime involves two essential elements: the intent to commit the specific crime and the taking of a substantial step in furtherance of that intent. The substantial step must be more than mere preparation; it should be an action that shows the defendant's commitment to carrying out the criminal offense. This requirement ensures that there is a clear move towards completing the crime rather than just planning or thinking about it.
Courts utilize different formulations for defining a substantial step, but a common standard is the Model Penal Code's 'substantial step' test, which includes conduct that strongly corroborates the firmness of the defendant's criminal intent. Factors that can be considered include the proximity of the defendant to completing the crime, the feasibility of the crime, and whether the actions are unequivocal in nature to indicate an intent to complete the crime.
The determination of whether a substantial step has been taken can vary based on jurisdiction. For example, in some jurisdictions, a complete failure to accomplish the intended crime due to unforeseen circumstances does not negate the possibility of an attempt charge, as long as the other elements of attempt are satisfied. Thus, the law acknowledges the varied reasons why criminal acts may not be completed.
Key case law around attempts helps clarify these principles. The outcome of these cases frequently hinges on the factual context and the actions taken by the defendant prior to the arrest. Courts aim to balance the interest of preventing incomplete crimes while acknowledging the necessity for concrete actions towards committing those crimes.
A defendant purchases a weapon and plans a robbery, waiting outside the target location with the weapon in hand but is apprehended before entering. Here, the purchase of the weapon and waiting constitute a substantial step towards the completion of the robbery.
The test for attempt is frequently addressed in criminal law exams, often requiring application of principles to hypothetical scenarios and the evaluation of whether the defendant's actions meet the criteria for attempt.