This is an extract of our Attempt document, which we sell as part of our Criminal Outlines collection written by the top tier of U.C. Berkeley School Of Law (Boalt Hall) students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
ATTEMPT 1) Inchoate crime 2) purpose of punishment a) deterrence i) does this really deter more than punishment in place for crime completion?
ii) There may be a lot more criminal behavior without punishing attempt - my odds of going to jail changes if 60% of robberies fail and there's no punishment for attempt b) Moral blameworthiness i) If you have the MR, it would be ridiculous to focus on luck in sentence determination c) Utilitarianism i) Gratifies a wide public feeling - public outrage, soothing the beast d) Incapacitation i) Given your social tendencies, you might still attempt the crime again if we say no harm no foul e) Rehabilitation i) Maybe you have some problem so there is a reason to punish you for attempting (possibly paternalistic) f) Practicality i) If attempt not criminalized, it would be harder for law enforcement to prevent crime ii) Couldn't be arrested fo 'attempt of murder' when you pull your gun 3) Why more lenient sentencing?
a) Magnitude of the harm is different. You've actually caused a harm to society when you follow through with the act b) Matter of luck?
i) Counterweight to luck inherent in society - some people born in certain positions. Gives lenience to the unlucky people who happen to be lucky enough not to hurt people in these cases. ii) Rough way of equaling out social injustices that got these people here in the first place c) Best measure of moral blameworthiness is the completed harm itself i) And we have enough trouble with that (ex: causation) ii) Mayber person performs poorly because of subconscious conflicting feelings d) Exception (1)Attempted drug crimes are punished the same as completed drug crimes 4) Attendant circumstances a) In MPC: (commentaries): you need only act with respect to the ACs with same MR as required to complete the offense. So if statutory is strict liability offense with repsect to age, it is strict liability with respect to intent. 5) MPC 5.01 (1) Definition of Attempt. A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he: (a) purposely engages in conduct that would constitute the crime if the attendant circumstances were as he believes them to be; or (b) when causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; or
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