Attempt

Definition

In criminal law, an attempt refers to the act of trying to commit a crime, where an individual takes substantial steps toward completing the criminal act but fails to do so. This concept underscores the notion that criminal liability can arise not only from successful completion of a crime but also from the intent and effort made to carry it out. Attempt is often linked with related concepts like conspiracy and solicitation, which involve planning and encouraging others in the commission of a crime.

5 Must Know Facts For Your Next Test

1. An attempt is graded differently than completed crimes, often resulting in lesser penalties, depending on jurisdiction.
2. For an act to qualify as an attempt, there must be clear evidence of intent along with significant steps taken towards committing the crime.
3. Attempting a crime can still result in prosecution even if the crime was ultimately not completed due to circumstances beyond the actor's control.
4. In some jurisdictions, mere preparation is insufficient for an attempt; there needs to be an overt act that demonstrates the commitment to the act.
5. Defendants may use defenses like abandonment or impossibility to argue against charges of attempt, depending on specific facts of their case.

Review Questions

• How does the concept of attempt relate to both conspiracy and solicitation in terms of criminal liability?
  • Attempt relates to conspiracy and solicitation as all three involve actions taken towards committing a crime. While conspiracy involves planning with one or more persons to commit a crime and solicitation involves encouraging another person to commit a crime, an attempt shows a direct effort by an individual to execute the intended crime. All three concepts highlight that liability can arise not just from completing a criminal act but from planning and trying to carry it out as well.
• Discuss how mens rea plays a critical role in determining whether an action constitutes an attempt.
  • Mens rea, or the intent behind an action, is vital in determining if an action counts as an attempt. The prosecution must demonstrate that the defendant had a specific intent to commit the underlying crime while also taking substantial steps toward its completion. Without clear evidence of intent, simply preparing or thinking about committing a crime may not qualify as an attempt. Thus, both intent and actions are essential components in assessing attempts in criminal law.
• Evaluate the impact of various defenses such as abandonment or impossibility on attempts and how they influence legal outcomes.
  • Defenses like abandonment and impossibility significantly influence legal outcomes regarding attempts. Abandonment allows a defendant to argue they voluntarily ceased their efforts before completing the intended crime, which can potentially negate liability for the attempt if proven effectively. On the other hand, impossibility challenges whether the act could have been completed due to external factors, but this defense varies widely in acceptance across jurisdictions. Both defenses underscore the complexities involved in prosecuting attempts and demonstrate how different circumstances can lead to different legal conclusions.

Related terms

Mens Rea: The mental state or intent of a person when committing a crime, crucial for establishing criminal liability.

Overt Act: A clear action taken in furtherance of a crime that demonstrates the intention to commit that crime.

Abandonment: The voluntary withdrawal from furthering a criminal attempt before completing the crime.