Q 1
Attempt refers to an unsuccessful offense and entails elements such as the intent to engage in the underlying crime or offense. There are three critical elements of the crime of criminal attempt. The first element is the intent to commit the planned crime. The second element is a significant step focused on committing the planned crime. The third element is the failure to execute a planned critimal activity. The aspect of crime attempt involves a substantial step that surpasses an ordinary preparation and collaborative purpose to participate in the underlying crime (Dubber, 2015). The intention of robbing the national bank to acquire money qualifies the two friends’ engagement in a crime attempt. They made severe preparation for obtaining the bank’s map or plan of the financial institution illustrating the bank’s layout, a car, and a gun for committing a bank robbery. The acquisition of a car, map, or plan of the bank, and a firearm demonstrates their collaborative intent to rob the bank. Moreover, reaching the crime site or bank area depicts a substantial step beyond an ordinary preparation to rob the bank. The entrance in the bank with a gun indicates a considerable action of committing the underlying offense of robbing the bank.
Q 2
The Rex v. Higgins, 102 Eng. Rep. 269 (K.B. 1801) established an attempted crime in English jurisprudence by upholding an accusation or indictment for theft attempt. A person’s guilt results from a substantial step in the course of conduct intended to culminate the crime commission (Pollock, 2016). Based on considerable step jurisdiction, I committed an attempt to rob the national bank by depicting criminal act features or elements such as planned robbery and appearing at the bank with a concealed gun. My actions portray a potential crime scene, possession of a firearm for committing the bank robbery, and my friend waiting in the car for the crime accomplishment. My actions ascertain the substantial steps corroborative my intent of robbing the bank. Accordingly, I committed an attempt to rob the national bank by acquiring a map of the financial institution, a car, and a gun for accomplishing the crime. My actions and plan constitute the elements of attempt criminal act in the Model Penal Code § 5.01(2).
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Q 3
Besides my robbery crime attempt, my friend and I engaged in a conspiracy by planning and agreeing to rob the bank intentionally. Conspiracy refers to the agreement between two or more than two persons to participate in an underlying crime in the future. Additionally, conspiracy guilt of an individual result from the contract of two people or more than two persons to engage in conduct that constitutes an offense (Pollock, 2016). We conspired in the underlying crime by planning to rob the national bank the following day (Monday) to acquire money for our needs. My friend perpetuated conspiracy by securing a gun for robbing the national bank on Monday. Though I demonstrate severe commitment to ensure the accomplishment of our mission by acquiring a map of the national bank and a car for robbing, we agreed to rob the national bank on Monday Unanimously.
Q 4
The court of law cannot charge a defendant of an attempt when the person abandoned the crime mission at the preparation stage voluntarily. Though I made a substantial step of arming myself to commit the crime, I abandoned my mission to rob the national bank deliberately after approaching the teller. Based on voluntary abandonment, I suppose that I qualify to defend my action of planning to rob the national bank. Moreover, my case exhibits factual impossibility because the criminal law prohibits my intention of robbing the national bank; however, indefinite circumstances prevented the accomplishment of the robbing mission.
References
Dubber, M. D. (2015). An introduction to the model penal code . Oxford University Press, USA.
Pollock, J., M. (2016). Criminal Law . New York City. Routledge.
