Attempt Study Outline

In criminal law, an 'attempt' is an effort to commit a crime that goes beyond mere preparation but falls short of completing the criminal act. The elements of attempt generally include: (1) the intent to commit a specific crime, and (2) an overt act taken toward completing that crime. It is important to note that merely thinking about a crime or discussing plans does not constitute an attempt. To establish a criminal attempt, the prosecution must demonstrate the defendant's intent to commit the crime and an act that is a substantial step toward its commission.

The 'substantial step' test is crucial in evaluating attempts. A substantial step must be a clear act that indicates the defendant's readiness to commit the crime, which can vary based on jurisdiction. For example, purchasing materials to commit a robbery can be considered a substantial step, whereas preparing lists of planned activities would not. Additionally, the mens rea for attempt usually requires the same level of intent required for the completed crime, typically either specific intent or knowledge regarding the elements of the offense.

Different jurisdictions may have varying rules about the sufficiency of acts constituting an attempt, making it vital for students to familiarize themselves with local statutes. In some jurisdictions, an attempt may also be a lesser-included offense of the completed crime, which is crucial when considering potential defenses or plea negotiations.

There are several defenses that may be raised in response to an attempt charge, with abandon being one of the most relevant. The defense of abandonment arises when a defendant voluntarily ceases their criminal efforts before completing the crime. For this defense to be successful, abandonment must be fully voluntary and not prompted by external factors like police intervention. Additionally, the abandonment must occur before any substantial steps have been taken toward completion of the crime.

Another defense involves impossibility, which can be either factual or legal. Factual impossibility occurs when the defendant believes they are committing a crime but the circumstances prevent it (e.g., attempting to pickpocket a person with no money). Legal impossibility happens when the actions intended to be criminal do not constitute a crime under law, even if the attempts were made. This distinction is essential; factual impossibility is typically not a defense, while legal impossibility is generally accepted.