How close did defendant come to completing (f) possession, collection/fabrication of materials crime? to be used in commission of the crime, at or near If defendant crosses line of preparation and comes place contemplated, if serves no other lawful into dangerous proximity to the targeted offense purpose guilty of attempt (g) soliciting innocent agent to engage in conduct Focuses on how much is yet to be done constituting an element of the crime Deterrent, but in a way that allows defendant to (3) Conduct Designed to Aid Another in Commission of turn back and not complete offense Crime: Court is concerned with culpability Person who engages in conduct designed to aid Had there NOT been failure on defendant’s part of another to commit crime that would establish interference by law enforcement defendant complicity if crime were committed by the other would have committed offense person, is guilty of attempt, even if the crime is not committed or the attempt is not made by the Ex. People v. Rizzo other person. Defendants driving around in car, looking for the (4) Renunciation of Criminal Purpose man they planned to rob (did not find him). When the conduct of a person would = attempt, Entered building and were arrested for attempted there is an affirmative defense available if: robbery Defendant abandoned his effort to Court rules the defendants did not come within a commit the OR dangerous proximity because they did not find the Otherwise prevented its commission intended victim (they entered the building and he MUST be complete and voluntary wasn’t there, money wasn’t actually available) renunciation of criminal purpose Their acts were not near enough to commission Not considered voluntary if motivated by: that in all reasonable probability the crime would Increased probability of detection OR have occurred if law enforcement had not Apprehension that makes intervened (crime would not have occurred either accomplishment more difficult way because the victim was not present) Decision to postpone criminal conduct until more advantageous time OR Unequivocal Test Transfer criminal effort to another but Beyond mere preparation similar objective/victim Asks question does conduct demonstrate PUNISHMENT – unequivocal (unmistakable, indisputable, Same for completed crimes and attempted undeniable) intent to commit crimes No other alternatives to defendant’s conduct Ex. Attempted murder = murder Focuses on what was left to be done MPC doesn’t reward failure Ex. People v. Staples Defendant convicted of attempted burglary for Substantial Step Test renting office space above bank vault and Two part test: beginning to drill through floor. LL noticed, Did defendant meet act requirement? informed police
How close did defendant come to completing crime? If defendant crosses line of preparation and comes into dangerous proximity to the targeted offense guilty of attempt Focuses on how much is yet to be done Deterrent, but in a way that allows defendant to turn back and not complete offense Court is concerned with culpability Had there NOT been failure on defendant’s part of interference by law enforcement defendant would have committed offense Ex. People v. Rizzo Defendants driving around in car, looking for the man they planned to rob (did not find him). Entered building and were arrested for attempted robbery Court rules the defendants did not come within a dangerous proximity because they did not find the intended victim (they entered the building and he wasn’t there, money wasn’t actually available) Their acts were not near enough to commission that in all reasonable probability the crime would have occurred if law enforcement had not intervened (crime would not have occurred either way because the victim was not present) Unequivocal Test Beyond mere preparation Asks question – does conduct demonstrate unequivocal (unmistakable, indisputable, undeniable) intent to commit No other alternatives to defendant’s conduct Focuses on what was left to be done Ex. People v. Staples Defendant convicted of attempted burglary for renting office space above bank vault and beginning to drill through floor. LL noticed, informed police (f) possession, collection/fabrication of materials to be used in commission of the crime, at or near place contemplated, if serves no other lawful purpose (g) soliciting innocent agent to engage in conduct constituting an element of the crime (3) Conduct Designed to Aid Another in Commission of Crime: Person who engages in conduct designed to aid another to commit crime that would establish complicity if crime were committed by the other person, is guilty of attempt, even if the crime is not committed or the attempt is not made by the other person. (4) Renunciation of Criminal Purpose When the conduct of a person would = attempt, there is an affirmative defense available if: Defendant abandoned his effort to commit the OR Otherwise prevented its commission MUST be complete and voluntary renunciation of criminal purpose Not considered voluntary if motivated by: Increased probability of detection OR Apprehension that makes accomplishment more difficult Decision to postpone criminal conduct until more advantageous time OR Transfer criminal effort to another but similar objective/victim PUNISHMENT Same for completed crimes and attempted crimes Ex. Attempted murder = murder MPC doesn’t reward failure Substantial Step Test Two part test: Did defendant meet act requirement?
Criminal-Law-Ocen-20143.docx