Attempt
A crime of intent and substantial step toward completion.
Attempt is a type of inchoate crime in criminal law, defined as an intent to commit a crime combined with a substantial step toward completing it, where the crime itself does not occur for reasons unintended by the criminal. It is considered a crime of lesser or equal gravity to the full offense and requires both a guilty mind (mens rea) and a guilty act (actus reus).
- field
- Criminal law
- known_for
- Inchoate crime requiring intent and a substantial step toward completion
- key_elements
- Intent (direct and specific) and conduct beyond mere preparation
- defense_possible
- Voluntary abandonment may constitute a defense
Lore & Background
The crime of attempt has two elements: intent and some conduct toward completion of the crime. Early common law did not punish attempts; the law of attempt was not recognized until the case of Rex v. Attempt is distinct from other inchoate offenses such as conspiracy or solicitation. The actus reus of an attempt is a question of fact for the jury, guided by the judge's instructions on whether the acts were merely preparatory or sufficiently proximate to the crime. In the United States, tests vary, including the 'dangerous proximity' test from Commonwealth v. Peaslee and the Model Penal Code's 'substantial step' standard.
Reader's Guide
The concept of attempt is significant because it allows law enforcement to intervene before a crime is completed, balancing public protection with individual liberty. The difficulty lies in distinguishing mere preparation from a substantial step, a line that varies by jurisdiction. Factual impossibility is rarely a defense. The mens rea requires direct and specific intent; recklessness is insufficient. Transferred intent applies, as when a shot intended for one person kills another. Attempt remains a key tool for addressing criminal intent before harm occurs, though its boundaries continue to generate legal debate.
Did You Know?
- Factual impossibility is rarely a defense for attempt, as illustrated in cases like People v. Lee Kong and State v. Mitchell.
Frequently Asked Questions
What exactly is Attempt in criminal law?
Attempt is an inchoate offense that criminalizes the pairing of a specific criminal purpose with a meaningful act moving toward that goal, even though the target crime never actually materializes for reasons outside the actor's control.
What two elements must be present to charge Attempt?
Prosecutors must prove both a direct, specific intent to carry out the underlying offense and physical conduct that goes beyond mere planning or preparation—a substantial step toward execution.
How does Attempt compare in severity to the completed crime?
It is generally treated as an offense of equal or lesser gravity than the full target crime, reflecting the fact that the harmful result was never realized.
Is there a way to escape an Attempt charge?
Yes—voluntary abandonment, where the actor of their own free will renounces the criminal plan before the crime is completed, can serve as a valid defense.
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