Criminal Law · Attempt
Clear answer to: When Can Attempt in Criminal Law? with key cases, examples, and exam tips for law students.
An attempt in criminal law occurs when a person takes a substantial step towards committing a crime but ultimately fails to complete it. Generally, mere preparation is insufficient; there must be actions that demonstrate a clear intent to complete the crime.
In criminal law, an attempt involves taking substantial steps towards the commission of a crime, combined with a specific intent to commit that crime. The Model Penal Code (MPC) articulates that a person can be charged with an attempt if they act with the purpose of committing a crime and perform acts that constitute a substantial step towards that goal. This means that the individual's actions must move beyond mere preparation towards the actual commission of the crime itself.
For example, in the case of *People v. Rizzo* (1927), the court held that the defendants who planned to rob a paymaster but could not find him due to their incomplete steps were not guilty of attempted robbery. Their actions were deemed too far removed from the crime itself. This case illustrates the principle that mere preparation without a direct connection to the target crime does not suffice for an attempt charge.
Conversely, in *State v. McFarland* (1996), the court held that purchasing materials to manufacture methamphetamine, accompanied by the set-up of the lab, constituted a substantial step toward the crime despite not having completed the crime itself. Here, the actions demonstrated clear intent and execution toward committing the actual crime.
In many jurisdictions, the concept of the 'dangerous proximity' test is applied, which assesses how close the defendant's actions brought them to completing the crime. If there remains a significant distance between the attempted crime and the act, then the charge of attempt may not hold. Legal provisions may also vary across states regarding the understanding of attempts, including necessary mens rea standards and the relevance of abandonment as a defense.
Ultimately, in evaluating attempt charges, courts look at both the intention behind the defendant's actions and the actions themselves. Key to determining an attempt is whether a reasonable person would believe that the attempt was close enough to the commission of the ultimate crime.
For instance, if an individual purchases a gun and drives to a bank intending to rob it, but is arrested in the parking lot before entering, they could be charged with attempted robbery since they took a substantial step toward committing the crime.
This topic often appears on exams in the context of analyzing specific fact patterns that involve attempts, requiring students to identify the substantial steps taken and the intent of the individual involved.