ATTEMPT
attempt,n.1. The act or an instance of making an effort to accomplish something, esp. without
success. 2.Criminal law. An overt act that is done with the intent to commit a crime but that falls
short of completing the crime. • Attempt is an inchoate offense distinct from the attempted crime.
Under the Model Penal Code, an attempt includes any act that is a substantial step toward
commission of a crime, such as enticing, lying in wait for, or following the intended victim or
unlawfully entering a building where a crime is expected to be committed. See Model Penal Code
- 5.01. — Also termed criminal attempt; offer. See DANGEROUS-PROXIMITY TEST;
INDISPENSABLE-ELEMENT TEST ; LAST-PROXIMATE-ACT TEST;
PHYSICAL-PROXIMITY TEST; PROBABLE-DESISTANCE TEST ; RES IPSA LOQUITUR
TEST. Cf. CONSPIRACY; SOLICITATION(2). [Cases: Criminal Law 44. C.J.S. Criminal Law
- § 114–123.] — attempt,vb.
“An attempt to commit an indictable offence is itself a crime. Every attempt is an act done
with intent to commit the offence so attempted. The existence of this ulterior intent or motive is
the essence of the attempt…. [Yet] [a]lthough every attempt is an act done with intent to commit a
crime, the converse is not true. Every act done with this intent is not an attempt, for it may be too
remote from the completed offence to give rise to criminal liability, notwithstanding the criminal
purpose of the doer. I may buy matches with intent to burn a haystack, and yet be clear of
attempted arson; but if I go to the stack and there light one of the matches, my intent has
developed into a criminal attempt.” John Salmond, Jurisprudence 387 (Glanville L. Williams ed., 10th ed. 1947).
“Attempt … is the most common of the preliminary crimes. It consists of steps taken in
furtherance of an indictable offence which the person attempting intends to carry out if he can. As
we have seen there can be a long chain of such steps and it is necessary to have some test by
which to decide that the particular link in the chain has been reached at which the crime of attempt
has been achieved; that link will represent the actus reus of attempt ….” J.W. Cecil Turner, Kenny’s
Outlines of Criminal Law 79 (16th ed. 1952).[Blacks Law 8th]