CJS E211 Lecture Notes - Lecture 23: Actus Reus, Ac Power, Rational Agent
Document Summary
Actus reus tests for attempt (more stringent to less stringent) Last act (nc rule) you have completed all the steps pulled the trigger, but missed; so close to completion that crime would be committed except for intervention. Abnormal step an attempt is a step toward crime which goes beyond the point where the normal citizen would think better of his conduct and desist. Indispensable element/essential means a variation of the proximity tests, which emphasizes any indispensable aspect of the criminal endeavor out which the actions not yet acquired control. Dangerous proximity (to success) the greater the gravity/substantiality and probability (degree of apprehension felt) of the offense, and the nearer the act of the crime, the stronger is the case for calling the act an attempt. The more serious the offense, the less close the person has to be to completing the attempt to be guilty of the crime.
