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 classic literature ?
With much difficulty and some danger she was dug out, for Jo was so overcome with laughter while she excavated that her knife went too far, cut the poor foot, and left a lasting memorial of one artistic attempt, at least.
The house, too, as described by Sir John, was on so simple a scale, and the rent so uncommonly moderate, as to leave her no right of objection on either point; and, therefore, though it was not a plan which brought any charm to her fancy, though it was a removal from the vicinity of Norland beyond her wishes, she made no attempt to dissuade her mother from sending a letter of acquiescence.
The effect of this disinclination, on the part of the public, towards the artificers of their pleasures, when they attempt to enlarge their means of amusing, may be seen in the censures usually passed by vulgar criticism upon actors or artists who venture to change the character of their efforts, that, in so doing, they may enlarge the scale of their art.
The sight of her always gave men fresh courage, and they flocked from the four quarters of the globe to attempt the work of rescuing her.
The following relation is so curious and entertaining, and the dissertations that accompany it so judicious and instructive, that the translator is confident his attempt stands in need of no apology, whatever censures may fall on the performance.
Thus, then, it is conclusive that to attempt things from which harm rather than advantage may come to us is the part of unreasoning and reckless minds, more especially when they are things which we are not forced or compelled to attempt, and which show from afar that it is plainly madness to attempt them.
This can be easily accomplished by his friends, who will incur no danger in making the attempt to save him, but will be disgraced for ever if they allow him to perish.
Had the convention attempted a positive enumeration of the powers necessary and proper for carrying their other powers into effect, the attempt would have involved a complete digest of laws on every subject to which the Constitution relates; accommodated too, not only to the existing state of things, but to all the possible changes which futurity may produce; for in every new application of a general power, the PARTICULAR POWERS, which are the means of attaining the OBJECT of the general power, must always necessarily vary with that object, and be often properly varied whilst the object remains the same.
The weapon which caused me to decide against an attempt at escape by flight was what was evidently a rifle of some description, and which I felt, for some reason, they were peculiarly efficient in handling.
Could they enter any of its doors while the whole party of Indians was plunged in a drunken sleep, or was it safer to attempt to make a hole in the walls?
I perceive its utter impossibility; and I consider it impious to attempt that which the Almighty evidently does not approve.
At length, quite exhausted by the attempt to be amused with her own book, which she had only chosen because it was the second volume of his, she gave a great yawn and said, "How pleasant it is to spend an evening in this way