Attempt - History, Policies, Modern Law, Bibliography
liability criminal attempts intent
To be punishable as a criminal attempt, conduct must consist of an intent to perform an act or to bring about a result that would constitute a crime, together with some substantial steps taken in furtherance of that intent. This article describes the historical development of criminal liability for attempts, the policies served (and disserved) by punishment in attempt cases, and the current scope of liability for attempts in American law.
STEPHEN J. SCHULHOFER
DAN M. KAHAN
Additional Topics
There was no general crime of attempt in the early English common law. Historians have uncovered scattered decisions, dating back as far as the fourteenth century, in which courts did convict of felony the perpetrator of an unsuccessful attempt. But punishment of attempts was at the most sporadic, and was limited to cases in which rather serious harm had occurred in any event. During the sixteenth…
Why should the criminal justice system trouble itself to prosecute and punish persons whose conduct has not actually harmed other individuals or society generally? The question is important not only for appreciating the theoretical underpinnings of attempt crimes but also for understanding the various rules that govern the scope of attempted liability under prevailing legal doctrine. For those …
To indicate the scope of liability for attempts in modern American law, the following will be considered: (1) the required state of mind, or mens rea; (2) the required acts, or actus reus; (3) liability when the offender desists before completing the intended crime (the problem of "abandonment"); (4) liability when the accused could not possibly carry out the intended crime (the problem of "imposs…
American Law Institute. Model Penal Code: Proposed Official Draft. Philadelphia: ALI, 1962. ??. Model Penal Code: Tenative Draft No. 10. Philadelphia: ALI, 1960. Comment. "Why Do Criminal Attempts Fail?: A New Defense." Yale Law Journal 70 (1960): 160?169. …
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