• An inchoate crime is one that is partial, unfinished, or begun and not completed.

• Inchoate crimes include attempt, conspiracy, and solicitation.

• Criminal attempt is an adjunct crime, meaning it cannot exist by itself.

• There are two parts of the mens rea of attempt: to (1)

intend the act and (2) intend the result.

• Multiple tests are used to determine the presence of actus reus in the attempt context.

• Legal impossibility is generally a defense to the crime of attempt, while factual impossibility is not.

• Abandonment is sometimes available as a defense in the attempt context. For example, if the defendant completely and voluntary has a change of heart, the defense may succeed.

Questions:-

1. Compare and contrast attempt and the substantive offense.
2. Explain both components of the mens rea of attempt.
3. In your opinion, which is the best test for the actus reus of attempt? Defend your answer.