Attempts

Question 1

Attempt

Answer 1

Is a substantial step in the direction of committing a crime, coupled with the specific intent to commit the crime.

Question 2

Mens Rea

Answer 2

Requires specific intent to commit the crime (even if the mens rea for the crime is not specific)

Question 3

Actus Reus (Common Law)

Answer 3

Must be beyond mere preparation

i. Dangerous proximity to social harm (the crime)
ii. Close in time/distance to the criminal goal
- No abandonment/renunciation once goes beyond the mere preparation line, guilty attempt even if ∆ has an honest change of heart

Question 4

The Abandonment Defense

Answer 4

Not a defense under criminal law

Question 5

The Defense of Impossibility

Answer 5

1. Focus on D’s intent to commit this crime
2. Ask: if the facts were as D believed them to be, would he be guilty of the completed crime? If yes, he is guilty of the attempted crime.