Question

1. How is attempt defined?

2. How far must it go towards completion to constitute a crime?

Answer 1

QUESTION (1):

Attempt is defined as an inchoate crime (undeveloped crime). It can also be called as ‘specific intent’ crime.

• The individual intent to commit a crime but fails to do so

Attempt consists of three elements such as:

1. Intention to commit a crime

• An individual can be charged with attempt only if prosecutor is able to show that the defendant specifically intended to commit the crime rather than doing it accidentally.        

1. Conduct constituting a substantial step towards completion of crime

• A substantial step implies that the act of the defendant must lead to successful completion of crime even though it was never fully executed.
• The substantial step does not include mere preparation, discussion of crime with a friend etc.

1. Failure towards completion of crime

• Attempt requires that the defendant did not actually complete the crime.
• If the defendant complete the crime, it cannot be taken as an attempt, he would be charged with crime

QUESTION (2): How far must it go towards completion to constitute a crime

• An attempt is not considered a crime.
• But the defendant committed an attempt which resulted in severe harm, and then it would be punished under a minor crime.
• There are four tests used by Jurisdictions to determine how close the defendant has undergone towards completion of a crime:
  • Proximity test measures the distance between preparation to successful termination          
  • Unequivocality test determine the defendant’s act (whether he stopped before completion of crime or he has no other purpose rather than commitment of crime)
  • Probable desistance test determines the amount the defendant has to go through in order to commit the crime. The defendant would complete the crime unless an external interruption happens.
  • The substantial steps test has two parts. The first part determines whether the defendant has done a substantial step towards completion of the crime. The second step determines that whether the defendant’s actions are strongly corroborative of the criminal purpose.
• Jurisdictions vary on their grading of attempt. Some punish the attempts as attempted offense.
• In any cases, if the attempt merges to completion, it would be considered as crime.