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 ?
The official said that the maximum cases received by the hospital involved suicide attempt through intake of corrosive material such as drinking acid used for cleanliness at homes.
Sohrab Moradi cleared a weight of 176kg in the first attempt, followed by 181kg and 185kg in the second and third attempt of the Snatch while failed to clear 220kg weight in the first attempt of the Clean and Jerk but he made it in the second attempt and cleared a good 228kg in the third attempt to score an aggregated total 413kg and took gold medal, followed by Sobirov Farhodbek who in his first attempt of Snatch cleared a weight of 175kg, failed to clear another 180kg in the second attempt and in the third attempt succeeded in clearing 181kg.
Vodafone registered poor quality in the video streaming text through 2,527 attempts, of which 255 were blocked and 296 were interrupted; therefore, Vodafone registered the worst performance amongst the three mobile operators.
Abu Dhabi customs officials thwarted 299 attempts to smuggle illicit drugs weighing 12,974 grams.
The customs officials foiled 15 illegal immigration attempts across Abu Dhabi customs centres, stopping 20 people of different nationalities from entering the country illegally.
The purported association between dysfunctional families and adolescent suicide attempts is also unclear.
While about one of nine youths attempt suicide by the time they graduate from high school, new findings reveal that a significant proportion makes their first suicide attempt in elementary or middle school.
Although additional attempts may be warranted, care should be exercised not to exhaust available sites; appropriate post-phlebotomy care should be instituted to limit bruising in sites where multiple attempts were made.
Patients with psychiatric disorders are more likely to attempt suicide, and those with depression or other mood disorders are at higher risk.
explores the link between a history of self-injurious behavior and 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.
personal history of the offender, including medical and psychiatric information; credit reports; insurance policies; employment records; history of significant relationships; prior suicides of family members; prior attempted suicides, particularly attempts that involved confrontations with law enforcement officers; and criminal history, including sentencing information, presentence reports, psychiatric evaluations, and prison records.