This is an extract of our Inchoate Offenses document, which we sell as part of our Criminal Law Outlines collection written by the top tier of Cuny School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
1. Attempt Crimes
1. People v. Gentry
1. Gentry and his gf were drinking and were very high. They got in an argument and gasoline was pur on gf and she was set on fire by the stove
2. He was convicted of attempted reckless murder
3. However...attempt requires intent.
2. Bruce v. State
1. Bruce was robbing a shoe store, no money, put the gun to clerk's head. Clerk ducked, gun shot him, but didn't kill him. Is attempted felonymurder a crime?
2. No, because it is a reckless result. You can not attempt a reckless result.
3. You can attempt reckless conduct.
3. Actus Reus
1. Last Act Test
1. We punish attempts when the last act necessary for the commission of the crime has been completed
2. Dangerous Proximity Test
1. You do not have to get to the last act before the crime, but you have to come dangerously close
3. Unequivocal (res Ipsa Loquitor)
1. "The Thing Speaks for Itself"
2. Your actions clearly show that you are on your way to completing the act.
4. MPC Substantial Test
1. Any point from the beginning that is a "substantial step" in the commission of the crime.
5. U.S. v. Mandujano
1. "The semandtical distinction between preparation and attempt is one incapable of being formulated in a hard and fast rule
6. Distinguiishing Preparation from Perpetration
1. Commonwealth v. Peaslee
1. The defendant had placed explosives in a building, so that they were lighted and ready to blow. Within a quarter mile, the defendant decided to turn back.
2. Attempt: 1.An act which is intended to bring about the substantive crime, sets in motion natural forces that would bring it about in the course of events. 2. an act that was to bring about the crime, and would but for a mistake of judgement.
3. The courts will look to the preparation's proximity to the completion of the act.
2. People v. Rizzo
1. The defendants had planned on robbing someone's payroll. They went through with the preparation and were driving around, but were arrested before they had even seen the man.
2. The rule is that "the act amounts to an attempt when it is so near to the result that the danger of success is very great. "There must
be dangerous proximity to success."
3. People v. Miller
1. Two men were on a ranch when another who had threatened to kill showed up loading his gun
2. Rule: Unequivocal test: "whenever the design of a person to commit crime is clearly shown, slight acts done in furtherance of this design will constitute an attempt."
4. State v. Reeves
1. Kids decided to kill their teacher and take her car to the smokey mountains. Brought in some rat poison and left it by the teacher's purse.
2. Relevant part of the statute: Attempt = acts with intent to complete a course of action or cause a result that would constitute the offense...and the conduct constitutes a substantial step toward the commission of the offense.
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