Attempt

Understanding Attempted Crimes: A Legal Overview

Have you ever wondered what it means when someone is charged with an attempted crime? This article delves into the intricacies of attempt, a type of inchoate crime that involves more than just planning or preparation. Let’s explore this concept and its legal implications.

The Elements of Attempt

For a crime to be considered an ‘attempt,’ it must meet two key elements: intent and some conduct toward the completion of the crime. This means that even if all necessary steps were carried out, or thought to have been carried out, the final act did not occur due to unforeseen circumstances.

Defining Attempt in Criminal Law

Is an attempt simply about coming close to committing a crime? In one group of theories, it is defined as when a person comes dangerously close to carrying out a criminal act and intends to commit it but does not complete the act. This theory emphasizes that the attempt must go beyond mere planning or preparation.

Types of Tests for Establishing Actus Reus

In the United States, there are two main categories of tests used to establish the actus reus (the ‘guilty act’) of an attempted crime. One focuses on how much remains to be done before the crime is committed, while the other considers what has already occurred.

Legal Impossibility vs. Factual Impossibility

Can you commit a crime that’s impossible under the law? In some cases, evidence from entrapment may be inadmissible, and undercover police officers might sell real or fake contraband to expose criminal activity. However, in England and Wales, Section 1(2) of the Criminal Attempts Act 1981 applies even if the commission of an offense is impossible due to facts.

Mens Rea for Attempted Crime

The mens rea (guilty mind) required for an attempted crime is direct and specific intent. This means that recklessness alone may not be enough, but transferred intent can apply in certain cases. For instance, in R v Walker and Hayles (1990), the court discussed the power of a court to impute intention based on foresight.

Case Study: R v Walker and Hayles

The defendants threw their victim from a third-floor balcony and were charged with attempted murder. The judge directed the jury that they could infer intention if there was a high degree of probability that the victim would be killed, and if the defendants knew ‘quite well’ that doing so would result in a high probability of killing.

Legal Frameworks: US vs UK

In the United States, the rule for mens rea of an attempt offense is divided into two parts: intention to commit the act and specific intention to commit the target crime. Many states have laws making it impossible to attempt a crime whose underlying mens rea is only recklessness.

Model Penal Code

The Model Penal Code defines criminal attempt as occurring when a defendant acts with the required culpability and either:

• Purposely engages in conduct that would be a commission of the crime if the attendant circumstances were as defendant believed them to be.
• Purposes to cause (or believes the act will cause) a result that is an element of the crime, or
• Purposes to act when that act constitutes a substantial step in a planned course of conduct ending in her commission of the crime.

Under this code, attempt is a crime of the same grade and degree as the most serious offense attempted. Abandonment can be a defense if the defendant ‘walks away’ from the crime completely and voluntarily, but only in cases where they renounce any criminal purpose without being motivated by circumstances that increase the probability of arrest or detection.

Conclusion

Understanding the nuances of attempted crimes is crucial for both legal professionals and everyday citizens. Whether it’s intent, conduct, or the specific elements required to establish an attempt, these concepts form a complex yet essential part of criminal law. By grasping these principles, we can better navigate the intricacies of legal proceedings and ensure justice is served.