Attempt

Definition

Attempt refers to an effort or intention to commit a crime, where the perpetrator takes substantial steps toward completing that crime but ultimately fails to achieve the desired outcome. This concept is crucial in criminal law as it helps distinguish between mere thoughts of committing a crime and actions taken toward that end. Attempt can involve varying degrees of liability and consequences, depending on the actions taken and the intent behind them.

5 Must Know Facts For Your Next Test

1. To be charged with attempt, there must be both the intent to commit the crime and an overt act towards its commission.
2. Not all crimes can be attempted; certain offenses, like conspiracy, do not require an overt act for liability.
3. The level of intent required for attempt is typically more than just a general intention; it often involves specific intent to complete the crime.
4. An unsuccessful attempt may still lead to criminal liability, often resulting in penalties that may be less severe than those for completed crimes.
5. Different jurisdictions may have varying statutes and interpretations regarding what constitutes an attempt, leading to inconsistencies in enforcement.

Review Questions

• How does mens rea play a role in determining liability for an attempted crime?
  • Mens rea is crucial when assessing liability for an attempted crime because it reflects the defendant's intent at the time of the attempt. In order to be charged with attempt, the individual must have had specific intent to commit the crime, indicating that they were not just thinking about it but actively trying to achieve it. This mental state differentiates between those who merely fantasize about committing a crime and those who take tangible steps toward its execution.
• Discuss how the substantial step test is applied in evaluating whether an act constitutes an attempt.
  • The substantial step test is utilized to determine if a defendant's actions qualify as an attempt by assessing whether they took significant actions toward completing a crime. Under this test, mere preparation is not sufficient; there must be a clear move toward the commission of the offense. For example, if someone buys tools specifically to commit burglary and approaches the target property, this would likely meet the substantial step criteria, showing they are serious about their intentions.
• Evaluate the implications of charging someone with an attempt versus charging them with a completed crime and how this affects sentencing.
  • Charging someone with an attempt rather than a completed crime can significantly influence legal outcomes and sentencing. Since attempt often carries lesser penalties compared to successfully completed crimes, this distinction can lead to reduced sentences or plea negotiations. Furthermore, understanding the nuances of attempting versus completing a crime emphasizes the legal system's focus on both the actions taken and the intent behind them, shaping how justice is administered based on individual circumstances.

Related terms

Mens Rea: The mental state or intent of a person when committing a crime, which is a key element in determining liability for attempt.

Inchoate Crimes:

Crimes that are incomplete or not fully executed, which include attempt, conspiracy, and solicitation.

Substantial Step Test: A legal standard used to determine whether a defendant's actions constitute an attempt by evaluating if they took significant steps toward committing the intended crime.