Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
It was the apprehension of being struck that induced compliance" (Perkins 1954: 346).
As well as a feasible threat, to prove there was an attempt to commit a crime requires defining the attempt as distinct from mere preparation. It is also noteworthy that "a distinction is made between measures taken by way of preparation for the commission of a crime and steps taken in the direction of its actual perpetration" (Perkins 1954: 325). But the actual preparation for the crime is not synonymous with the attempt. "So far as the common law is concerned there is no criminal attempt unless what was done went beyond the stage of preparation" and the "act must reach far enough toward the accomplishment of the desired result to amount to the commencement of the consummation" (Perkins 1954: 325). Of course, this can be difficult to define: for example, in the case of an attempted murder, making inquiries about the whereabouts of the intended victim might merely be classified as preparation while actually drawing the gun would be classified as an attempt. "The problem is to determine at what point his acts went beyond preparation and were in the nature of perpetration. The actual firing of the shot was not essential to the attempt" (Perkins 1954: 326).
The concept of attempt as distinct from preparation is designed to address the need to punish a meaningful attempt at a crime while not punishing mere fantasizing about the crime. However, the argument remains that drawing such a fine line between these two is reliant upon a determination of a state of mind to such of degree that the line drawn is meaningless. But it should be noted that the notion of...
For example, the crime of stockpiling weapons may be penalized as a separate crime even though it is sometimes a component of preparing to commit the attempted crime of murder. Admittedly, this is penalizing the defendant for a different, actual crime vs. The one he decided to commit but this is one possible solution to the problem of determining the mental state of the defendant -- to focus on actions rather than upon intentions. Finally, there is the question of withdrawal: when the preparation is aborted, where to draw the line between an aborted preparation and a legally culpable attempt? "A voluntary withdrawal may be regarded as a ground for according immunity to the actor or as a ground for reducing his punishment or as not affecting his responsibility in any way" (Kichyun 1957: 1197).
Solutions to the problem of distinguishing between preparation and attempt have proven elusive and perhaps the best 'solution' of all is merely focusing on the completed crimes that have been committed (such as illegal use of a weapon, acting recklessly, invasion of privacy) that are likely to be deployed over the course of either an attempt or preparation to commit a crime. Regardless, the definition of both legal terms is likely to remain subjective and context-dependent, as well as reliant upon the challenge of defining the mental state of the defendant.
References
Kichyun, P. (1957). Contemporary problems of criminal attempts. NYU Law Review, 1170-
Perkins, R. (1954). Criminal attempt and related problems. UCLA Law Review, 319 -355.
(Chizek, 2003) The Role legal nurse consultant may provide service in a number of roles, including but not limited to: Consulting expert Testifying expert Facility-based investigator Trainer and in-service presenter Peer reviewer Quality improvement, risk management, claims management Liability insurance marketer and clinical resource" (Chizek, 2003) As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the
Legal Memo The dismantlement of Affirmative Action within the University of California was appropriate Graduate education and learning has been the crucial pathway to enter critical spheres of influence in the U.S. And also the grounds for obtaining the specific skills and information essential to individual, nationalized, as well as international financial achievement (CGS, 2009). However, regardless of current boosts in registration for college students of colour, this human population continues to
" (Information Society and Media, 2005) f. The eContent Programme and the eTen Programme The 100 million dollar eContent Programme (2001-2005) focuses on encouraging growth and development of tie European digital content industry. This programme funds projects with short time-to-market and as well experiments with new models in business and partnerships through use of technology that is presently available. The programme's stated 'main thrust' is to; Improve access to an expand the
Polish Companies Reacted to Ethical Issues and Changes in Business Standards Since the Fall of Communism in 1989? Poland's Economy Pre-Communism's Fall Poland's Natural Resources Minerals and Fuels Agricultural Resources Labor Force The Polish Economy Under Communism System Structure Development Strategy The Centrally-Planned Economy Establishing the Planning Formula Retrenchment and Adjustment in the 1960s Reliance on Technology in the 1970s Reform Failure in the 1980s Poland's Economy After the Fall of Communism Poland After the Fall of Communism Fall of Communism Marketization and Stabilization Required Short-Term Changes Section
Training and Development Strategy There are a number of different facets of training that are detailed in the first two chapters of Blanchard and Thacker's tome Effective Training that are of interest to Human Resource generalists who have limited experience in T&D. Nonetheless, not all of these topics are as important as some of them are, which is why if I were to lecture a group of such generalists I would
Criminal Justice System Challenges of Mara Salvatrucha (MS-13) to law enforcement Law enforcement agencies view the Mara Salvatrucha (MS-13) the most harmful street gang in the U.S. The aggressive nature of MS-13 members have led to a variety of killings and terrible beatings. Various trials held in New York and Maryland have led to significant jail terms even extending to life imprisonment for MS-13 members. The FBI was first attracted by