LAW 140 Chapter Notes - Chapter Attempt: Res Ipsa Loquitur, Attendant Circumstance, Critical Inquiry
Document Summary
General rule: attempt is defined chiefly by reference to the object offense. There can be no attempt standing alone: act requirement how far must the actor proceed towards completion of the underlying offense for attempt liability to attach (distinction between mere preparations and attempt, common law a. i. Physical proximity: focus not on what has already been done but on what yet remains to be done to complete the crime (no attempt unless actor has within his power to complete the crime almost immediately) a. i. 1. a. Actor"s separation from the criminal objective, measured in time, distance, or necessary steps not yet taken, is critical inquiry a. i. 2. Dangerous proximity (holmes): person is guilty of an attempt when his conduct is in dangerous proximity to success. Courts consider following factors: a. i. 2. a. a. i. 2. b. a. i. 2. c. a. i. 2. d. Probability the conduct would result in the intended offense a. i. 3. Rationale: reflects view that essential purpose of the law of attempt is to punish dangerous conduct.
