Answered

Which one of the following constitutes an attempt to commit a crime?

A. Two or more persons plan a robbery and buy a gun.
B. "A" tries to kill "B" using baking powder thinking it to be poison.
C. "X" buys explosives to be used in a safe burglary.
D. Intending to commit a burglary, "A" removes a window screen but is frightened away.



Answer :

Final answer:

Attempting to commit a crime involves taking substantial steps towards the offense, such as buying tools or materials for the criminal act. Preparatory crimes, like manufacturing burglar's tools, can lead to an attempt charge when combined with criminal intent. The Model Penal Code's substantial steps test helps assess the defendant's actions to determine an attempt.


Explanation:

Attempting to commit a crime involves intentionally engaging in conduct that constitutes a substantial step toward the commission of the crime. In the scenarios provided, the individual who buys explosives to be used in a safe burglary is making an attempt to commit a crime by taking an overt act towards the commission of the offense.

Additionally, manufacturing or possessing burglar's tools, as mentioned in some statutes, can constitute preparatory crimes that may lead to an attempt charge when combined with the intent to commit a specific offense.

In the legal context, the Model Penal Code's substantial steps test is often used to determine whether the actions of the defendant strongly corroborate their criminal purpose, establishing an attempt to commit a crime.


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