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12 Cards in this Set

  • Front
  • Back
punishes offenders who intend to commit a crime & act to implement that intent but do not achieve their goal
MPC Punishment
Punishes them the same as the target offenses except for capital crimes & felonies in the 1st degree
CL MR attempt
same state of mind req. for conviction of the target offense & b/c attempt is a specific intent crime D must also intend (1) to do the act (2) to accomplish the result (3) under the same circumstances that would be req. for conviction of the target offense
CL MR attempt cont'.
Intend the act - cannot be R or N, req. intent to commit the act(know breaks are faulty & drive any way)
Intend Result - (reckless driving that does not ersult in death cannot be called attempted M or vehicular homicide b/c he did not intend death)
Intend Circum - must know circumstance of target offense even if SL applies (being arrested moments before sleeping w/15 yr. old - not attempted stat rape)
CL AR attempt
req. behavior that provided strong evid of crim intent & that came quite close to completing the target offense
Lact Act
favorable to D b/c he must have taken the last step w/in his power to commit the target offense
Equivocality Test
Actus reus by itself est. MR w/o add'l. evid.
Prox. Test
closeness in space & time to completing the crime
MPC attempt 5.01
pers commits an attempt if acting w/same state of mind otherwise req. for the commission of the target offense. A substantial step is strongly corrobative of D's crim purpose
MPC MR attempt
Conduct - purpose
R - purpose or belief his act would cause a particular result
Circum - MR of the target offense controls (therefore, attempted statutory rape is possible)
MPC AR attempt
substantial step is strongly corrobative of actor's crim purpose. Recognizes the dangerousness of the offender rather than how close.
MPC AR attempt behavior that are legally sufficient
searching for the V; reconnoitering the crime scene; unlawfully entering a bldg where D contemplates completing the crime; possessing tools or instruments nec. near the crime scene; soliciting an innocent agent do an element of the crime