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Posted: July 7th, 2022
Elements of the Attempt
An attempt to commit a crime involves an individual’s motive to undertake a criminal offense, but the crime ultimately fails. A criminal attempt is based on three main elements, intent to commit the crime, the conduct that drives the individuals into completing the crime, and failure to commit a crime. Since a criminal attempt does not result in the actual planned crime, law enforcement should have enough substantial evidence (Bezugly,et,al.,2019). The evidence should shows defendant’s intent and need to commit the intended crime.
Additionally, a substantial step is a critical element that involves taking the foremost step in completing the crime. In most cases, planning and not working towards completing the crime is not enough to charge a criminal attempt. Making wishes, holding discussions but not executing the plan does not provide enough reason or evidence in the court of law. The substantial step involves using materials, such as a gun, to commit murder or petro to commit arson (Bezugly,et,al.,2019). If a person goes out to get a weapon, drives, or moves to the location and arrested before committing the crime, it is enough and substantial to support charges of attempted arson. Charging for attempted crime requires that the crime did not occur or be completed to become a crime, such as a robbery or murder.
Abandonment and withdrawal from a criminal act are supported according to the requirements of withdrawal from crime. In the criminal justice system, withdrawal is allowed as defense, either from a conspiracy or individual. Affirmative evidence is required to support the fact; the defendant withdrew from the crime before the central commission (Bezugly,et,al.,2019). Also, if the activities of the defendant before withdrawal did not lead to a successful crime mission.
Voluntary abandonment of crime should be supported critically and should not be done before being caught by police or in case faced by difficulty during the criminal operation. A willing change of heart should drive voluntary withdrawal. In a conspiracy, the defendant should communicate to all involved parties about police withdrawal and withdraw before completing the crime. In the case of an attempted crime, the punishment is less severe than the punishment for a completed crime. Defendants of attempted crime are punished according to the severity of the crime, for instance, attempted murder or rape.
Attempted Bank Robbery Explanation
I have not committed a criminal attempt according to the laws regarding abandonment and withdrawal of criminal offense and voluntary withdrawal (Bezugly,et,al.,2019). Also, before withdrawal from the bank robbery, I did not influence the completion of the crime. Nevertheless, the criminal act was not successful committed, therefore holding a chance for a successful criminal defense under abandonment of crime and no crime committed.
The case consists of other crimes apart from an attempted robbery. For instance, the inchoate crime that involves initiation and planning for a crime but fail to complete. Planning about how to get money, choosing the first national bank, carrying a gun, and carrying the hold-up note to facilitate a crime commission is enough evidence for inchoate crimes (Bezugly,et,al.,2019). Inchoate crimes involve conspiracy, attempt, and aiding to commit a crime. Also, possession of an illegal weapon is another crime punishable by law. Possession of a firearm is restricted under section 265 of the penal law.
No crime committed, is a defense action that could be used against the attempted bank robbery. The facts that supports the defense include; withdrawal or abandonment of the intended crime (Bezugly,et,al.,2019). A change of heart drove the withdrawal of the intended criminal motive prior to completion of crime. The defense is reasonable to evade or avoid punishment for attempted murder.
Bezugly, S., Kirilenko, V., Lesnikov, G., & Gabdrakhmanov, R. (2019). An attempt to commit a crime under criminal code of the Commonwealth of Independent States (CIS) countries.
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