Criminal Law Chapter 5

Criminal Attempt Mens Rea Rule

Criminal Attempt ALWAYS requires Specific Intent / Purpose to complete the underlying substantive crime, even if the completed crime only requires recklessness, negligence, or strict liability (e.g., Attempted Reckless Involuntary Manslaughter is a legal impossibility).

5 Actus Reus Tests for Criminal Attempt

1. Substantial Step Test (MPC § 5.01): Conduct strongly corroborating criminal purpose.
2. Physical Proximity Test: Near completion in time, location, and physical reach (*People v. Rizzo*).
3. Dangerous Proximity Test: Proximity to success balances gravity of harm vs. nearness.
4. Res Ipsa Loquitur / Unequivocality Test: Conduct unequivocally speaks for itself.
5. Probable Desistance Test: Passed point where ordinary person would desist.

Legal Impossibility vs. Factual Impossibility (Attempt Defenses)

Legal Impossibility: Defendant intended to do an act believed to be illegal, but which is legally permissible under statute. VALID DEFENSE.
• Factual Impossibility: Defendant intended to commit a crime, but a physical/factual circumstance unknown to actor prevented completion (e.g., picking empty pocket, shooting unloaded gun). NOT A DEFENSE.

Renunciation / Abandonment Defense to Attempt (MPC § 5.01(4))

Affirmative defense to attempt under the MPC if defendant completely and voluntarily abandons criminal purpose before completion. NOT voluntary if motivated by unexpected fear of detection, increased difficulty, or postponing crime.

Conspiracy Elements & The Pinkerton Rule

• Conspiracy Elements: (1) Agreement between 2+ persons; (2) Specific intent to achieve illegal objective; (3) Overt act in furtherance (in modern statutes).
• Pinkerton Rule: Each member of a conspiracy is criminally liable for all foreseeable substantive crimes committed by co-conspirators in furtherance of the conspiracy.

Wheel vs. Chain Conspiracy Structures

• Wheel Conspiracy: Central hub actor deals individually with spoke actors. Spokes are co-conspirators with each other ONLY IF rim connects them (awareness of each other's participation).
• Chain Conspiracy: Linear successional links (e.g., drug manufacturer -> smuggler -> wholesaler -> retailer). All links share common overarching illegal objective.

Solicitation Elements & Merger Doctrine

• Solicitation: Enticing, requesting, commanding, or encouraging another person to commit a felony with specific intent that the person commit the crime.
• Merger Doctrine: Attempt and Solicitation MERGE into the completed target crime upon completion (cannot be convicted of both). Conspiracy DOES NOT MERGE (can be convicted of conspiracy AND completed crime).