Miscellaneous Quiz / Attempt

A defendant believes that he has undertaken a crime (has the mens rea), but is not in fact undertaking the actus reus for reasons unbeknownst to him.

Defendant is mistaken about a particular fact or circumstance, and as a result, cannot complete the crime.

Defendant is mistaken about a particular fact or circumstance, and that fact/circumstance is an attendant circumstance of the crime.

To preemptively deter people from commission of the future action.

Sufficient to show that D’s intent is firm and that he has caused sufficient apprehension to justify punishing him but has not gone far enough to be arrested for the target harm.

Conduct must be physically proximate to the intended crime. Focuses on what remains to be done.

An act amounts to attempt only if it firmly shows the defendant’s intent to commit the crime. The act “speaks for itself.”

Control over all factors in the commission of the crime. Sans one particular thing, defendant could commit the act.

Likelihood that defendant would cease efforts to commit the crime given the conduct that defendant has already committed.

Legal Impossibility; mistake of fact; abandonment.

When a mistake/ignorance of a fact relating to an element exculpates an actor for the social harm he causes.

Voluntary abandonment of the particular attempt (applicable in certain jurisdictions).

Purposely or knowingly engages in conduct which would constitute the crime if the attendant circumstances were as defendant believes them to be. (Think purpose).

Defendant must perform a substantial step towards the commission of the crime. Defendant’s conduct must be corroborative of purpose.

Renunciation; legal impossibility.

Defendant abandons his attempt or prevents the commission of the crime and does so completely voluntarily.

Same as CL: Defense: Legal Impossibility.

From the Vault

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