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Lawmakers Create Crimes to Prevent Crimes Essay

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Lawmakers created attempted crimes to prevent the commission of crimes before they take place. They also sought to protect the safety of the public by allowing police officers to stop the continuance of criminal activity. Attempted murder is the incomplete act of trying to kill someone. It is a serious criminal offense that in all but a few cases of mitigating circumstances can result in substantial prison time (www.attorneys.com). Attempt is when a person, with the intent to commit an offense, performs any act that constitutes a substantial step toward the commission of that offense. There are three element to all attempts, the defendant must intend to commit a crime, the defendant must act in furtherance of that intent, and lastly the…show more content…
Yet, Jack is guilty of attempted murder (he showed specific intent to kill so he is substantively liable for murder because he played some causal role in bringing about the death). On the other hand, attempt is a specific intent crime, even if the underlying substantive offense is a general intent crime. For example, factual impossibility defense would be rejected by virtually every modern court, because the defendant had an intent to commit the crime and took actions that would led to a complete crime. Under the MPC test to determine whether an attempt has occurred, the only requirement is to show that the suspect has done (or omitted to do) something that constitutes a substantial step in a course of conduct, which must be planned for the commission of the underlying crime. The sole inquiry is into whether the accused person’s conduct strongly matches his or her criminal intent. According to the Model Penal Code (MPC), the intent requirement can be met even though a defendant acted with a substantial certainty that a certain result would occur. For instance, Jack intended to shoot his gun at Bert, with knowledge that Pratt was sitting in the car with Bert and could almost certainly be killed, making it easier for Jack to be convicted of attempted murder. This is because Jack knew with substantial certainty that a certain result would occur, that Bert or Pratt or both could be killed. The conduct element known as actus reus is essential to the crime of attempt. Jack
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