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W6 Attempt/Robbery

Robbery

Q The following discussion comes from your week 6 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research. In addition, I would recommend utilizing the legal studies program guide. Please remember to cite your references. While a bunch of neighbors were finishing a late night dinner on the patio of a home, a man wearing a ski mask and carrying a gun visible to all leaped onto the patio and demanded money, threatening to shoot someone if his demand was denied. The man took off his ski mask and took some chicken wings. After eating a few of them he commented the food was very good. The neighbors offered him more food, and he put his gun in his belt. He apologized and told them he had come to the wrong house. The man left, stealing nothing and hurting no one. Did the person commit the crime of attempted robbery or robbery under the MPC? Can he argue successfully that he abandoned his criminal activity before a crime was committed?

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It can be difficult to prove an attempt when the actual crime has not been committed yet. Attempt includes several elements of crimes such as mens rea and criminal intent and it is difficult to prove that a person has only attempted to commit a crime like robbery where nothing has been robbed. In crimes like robbery, intent plays a crucial role because a person must have the criminal intent to steal something in order to actually commit the crime. According to the book “Criminal Law”, chapter 8 (n.d.), “Jurisdictions use four tests to ascertain whether the defendant has committed the attempt criminal act: proximity test, res ipsa loquitur test, probable desistance test, and the Model Penal Code’s substantial steps test.