The Trials Of The United States

Decent Essays

This test states the defendant is only liable if he had done the very last act before the crime (College Law 2010). The concept of the task is to show and ensure the defendant’s intention was serious. However this also provides the defendant an opportunity to avoid liability right up until the last moment. Most courts would be very reluctant to use this method, as it does seem too strict. For example if the defendant follows his victim with a gun and takes aim he could not be charged with attempt because he is yet to pull the trigger. Therefore no contemporary court would rely strictly on the commission of the last necessary act (Model Penal Code, 1960).

The Proximity Test
In order to overcome the complications in the last test courts may rely on the proximity test to determine if the defendant’s preparatory actions came close to the completion to the intended crime (J R Articles, 2001). In People v. Rizzo 1927, the defendants attempted to rob a payroll clerk. They chose to drive around New York and spent a considerable long time doing so. The police intervened and arrested them before they could find a clerk. The courts did rule that this was not a punishable attempt. In this case the defendants never did come close to attempt because the clerk was never located. Preliminary acts should be punishable when the intent is established because if the police did not intervene, then they did pose a dangerous risk of success in completion of the crime. Courts are more known to

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