Explain the logic behind holding a person liable for an attempted, yet failed or incomplete act. Should the person be held to a lower standard than if the act had been completed successfully? Explain.
What will be an ideal response?
The doctrine of attempt developed as a means of controlling both potentially dangerous persons and
activities. For one to be liable for attempting to commit a crime there must be proof of the specific intent
to carry out an act that constitutes a crime. General intent, meaning the person’s general disposition to
commit criminal acts at any time or against any person when the opportunity arises, is not sufficient. As
the criminal law does not punish evil thoughts alone, there must be some evidence of a specific intention
to commit an overt act in the pursuance of the intended crime. Courts generally require evidence of
“some step” or “substantial steps” (Model Penal Code, 1962), which constitute perpetration of the
criminal act.
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Fill in the blank(s) with correct word.