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Chapter 6

ATTEMPT


Introductory Note: Even if a person does not complete the commission of a substantive crime, she can in some instances be convicted of the separate crime of “attempting” to commit that substantive crime. The most important elements of liability for attempt are: (1) To be liable for attempting crime X, D must have had the intent to do acts which, if they had been carried out, would have resulted in the commission of crime X; (2) Thoughts alone won't suffice---D must have committed some act in furtherance of the crime (though exactly what types of act will suffice varies among jurisdictions); and (3) The claim that D couldn't possibly have succeeded---that is, the defense of “impossibility”---usually fails.

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