attempt


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Attempt

An undertaking to do an act that entails more than mere preparation but does not result in the successful completion of the act.

In Criminal Law, an attempt to commit a crime is an offense when an accused makes a substantial but unsuccessful effort to commit a crime. The elements of attempt vary, although generally, there must be an intent to commit the crime, an Overt Act beyond mere preparation, and an apparent ability to complete the crime.

Generally, attempts are punishable by imprisonment, with sentence lengths that vary in time, depending upon the severity of the offense attempted.

attempt

v. and n. to actually try to commit a crime and have the ability to do so. This means more than just thinking about doing a criminal act or planning it without overt action. It also requires the opportunity and ability. Attempts can include attempted murder, attempted robbery, attempted rape, attempted forgery, attempted arson, and a host of other crimes. The person accused cannot attempt to commit murder with an unloaded gun or attempt rape over the telephone. The attempt becomes a crime in itself, and usually means one really tried to commit the crime, but failed through no fault of himself or herself. Example: if a husband laces his wife's cocktail with cyanide, it is no defense that by chance the intended victim decided not to drink the deadly potion. One defendant claimed he could not attempt rape in an old Model A coupe because it was too cramped to make the act possible. The court threw out this defense. Sometimes a criminal defendant is accused of both the crime (e.g. robbery) and the attempt in case the jury felt he tried but did not succeed.

attempt

verb aim at, assay, be at work, be in action, bid for, carry on, conari, do one's best, do the needful, drive at, employ oneself, endeavor, essay, exert oneself, go after, go all out for, intend, labor for, make a bid, make a try, make an effort at, make the effort, ply one's task, pursue, put forth an effort, quest, seek to, set out to, strive, take on, temptare, test, try, try hard, try one's best, undertake, use one's best endeavors, venture
Associated concepts: attempt to commit a crime, attempt to defraud, attempt to prove, conspiracy, failure of intended act, preparatory acts, renunciation
Foreign phrases: Affectus punitur licet non sequatur effectus.The intention is punished although the intended reeult does not follow. Non officit conatus nisi sequatur effectus. An attempt does not harm unless a consequence follows. In maleficiis voluntas spectatur, non exitus. In criminal of fenses, the intention and not the result must be regarded. Officit conatus si effectus sequatur. The attempt becomes of consequence, if the ef fect follows.
See also: assume, conatus, effort, endeavor, enterprise, experiment, project, pursue, pursuit, strive, struggle, trial, undertake, undertaking, venture, work

attempt

an attempted crime is one that is not completed. Because the criminal law focuses so much on the mental state of the offender, it has long been established that a mere failure to carry through the act intended by the wrongdoer will not allow him to escape criminal liability. To be criminal, matters must have progressed from preparation to perpetration: thus, the purchase of a mask and a glass-cutting tool maybe insufficient whereas wandering the streets at night, mask on face and cutter in hand, might be enough. A hand in a pocket, which never reaches the wallet, is an attempted theft.

In England, the common law was supplemented by statute to create a statutory offence of attempt. This applies to any act that is done with intent to commit an indictable offence and is more than merely preparatory. It is a crime even to attempt the impossible.

In Scotland, in terms of statute all attempts to commit a crime are criminal offences. It is attempted theft even if there is nothing in the pocket to steal, although it was held not possible to attempt to procure an abortion by supplying the necessary materials where the woman was not in fact pregnant.

ATTEMPT, criminal law. An attempt to commit a crime, is an endeavor to accomplish it, carried beyond mere preparation, but falling short of execution of the ultimate design, in any part of it.
     2. Between preparations and attempts to commit a crime, the distinction is in many cases, very indeterminate. A man who buys poison for the purpose of committing a murder, and mixes it in the food intended for his victim, and places it on a table where he may take it, will or will not be guilty of an attempt to poison, from the simple circumstance of his taking back the poisoned food before or after the victim has had an opportunity to take it; for if immediately on putting it down, he should take it up, and, awakened to a just consideration of the enormity of the crime, destroy it, this would amount only to preparations and certainly if before he placed it on the table, or before he mixed the poison with the food, he had repented of his intention there would have been no attempt to commit a crime; the law gives this as a locus penitentiae. An attempt to commit a crime is a misdemeanor; and an attempt to commit a misdemeanor, is itself a misdemeanor. 1 Russ. on Cr. 44; 2 East, R. 8; 3 Pick. R. 26; 3 Benth. Ev. 69; 6 C. & P. 368.

References in periodicals archive ?
Whereas unmarried women , between the ages of 18 to 30, mostly attempt suicide on account of emotional distress.
Liu Hao of China in the Snatch cleared a weight of 172kg and 176kg in the second and third attempts before failing to pick 168kg in the first attempt while in the Clean and Jerk Chinese weightlifter cleared a weight of 205kg in the first attempt, 211kg in the second attempt and failed to pick 216kg because of in his left leg hamstring injury.
The most significant money-smuggling attempt occurred when customs inspectors at Abu Dhabi International became suspicious of a traveller arriving from an Asian country and summoned him for inspection.
The patients were screened during their outpatient appointments by the clinic registrars and psychiatrists and identified for participation on the basis of a history of a previous suicide attempt.
For the 39 respondents reporting multiple suicide attempts, their first attempt was significantly earlier--as young as 9--than those making a single attempt.
When patients show evidence of direct nerve trauma (shock-like pains, burning pain, pins and needles, especially when it involves the distal arm and fingertips), the attempt should be stopped immediately; there should not be a second attempt in the same site.
A previous suicide attempt is among the strongest predictors of future suicide attempts.
The new Procurement Lobbying Law is applicable to any attempt to influence contract awards once a procurement process has been commenced by any state agency (departments, boards, bureaus, commissions, divisions, offices, councils, committees and officers of the state including those which are temporary), NYS Senate and Assembly, Public Authorities, Public Benefit Corporations, Industrial Development Agencies and Local Benefit Corporations.
In a previous study by the authors, 12 offenders reported making an attempt to commit suicide prior to their assaulting or attempting to assault a law enforcement officer.
When the iSCSI initiator login attempt passes through the firewall and travels to another LAN, it is encrypted by the VPN as it leaves its LAN and is decoded by the VPN at the entrance to the second LAN.
By further interrogating the attempts to classify and control the behavior of those inhabiting the "private sphere," McBride's collection offers further insight into the attempted division of public and private life, which worked to devalue women and children.
The subject of the warrant, a known drug user who was on probation at the time, was charged with three counts of Capital Murder on a Law Enforcement Officer and Attempt to Commit Murder.