Inchoate Crimes - Attempt

Question 1

Attempt

Answer 1

A wrongful act that falls short of completing the crime

Question 2

Mens Rea

Answer 2

specific intent crime -> travels to all elements of the crime, raise to intent and the mens rea of underlying crime does not apply (for general and specific intent crimes)

*Lyerla: Must be the specific intent to murder for attempted murder.

Question 3

Actus Reus

Answer 3

Direct movement towards the commission of the crime. Must go beyond preparation.

Question 4

Abandonment Defense

Answer 4

Never a defense to attempt in CL and CA

*Staples case: Guy drills holes into bank to rob a vault and changes his mind. Still guilty.

Question 5

Impossibility Defense

Answer 5

Legal impossibility: Is a defense to attempt liability when the D concerns the legal significance of the object or event

Factual impossibility: Is NOT a defense to attempt liability because it is just a mistake of fact that is unknown to D. (like trying to kill someone because you thought they were home but it turns out no one was home)

CA AND MPC NO DEFENSE

Question 6

MPC Complete Attempt Mens Rea (Did all but act fails)

Answer 6

• Conduct elements: purpose
• Result elements: purpose or knowledge
• Circumstance: MR is same as underlying offense

Question 7

MPC Incomplete Attempt Mens Rea (Did not complete all tasks, still yet to commit act)

Answer 7

• Result and Conduct: purpose

- Circumstance: knowledge

Question 8

MPC Abandonment Defense

Answer 8

Abandonment is a defense if there is a complete and voluntary renunciation of his criminal purpose