Attempt
From ArticleWorld
Attempt is a crime committed by a person who has threatened to inflict harm or injury to another, but has failed to commit the offense.
The point of contention here is when should a crime be treated as an attempt and when is it considered a fulfilled crime? A crime is still in the attempt stage if the offender is still in the process of making preparatory acts to committing the offense. A preparatory act is the first step taken by the offender to fulfill the crime.
Preparatory acts
The preparatory acts of the offender should however be distinguished as to whether the acts are already proximate to the commission of the crime. The preparatory act in itself is not enough to incriminate the offender, unless such acts are crimes in themselves.
Among the preparatory acts considered as a crime in itself are the purchase of firearm without license and the possession of prohibited substances.
The thin line between preparatory and proximate acts poses a problem to the authorities who must rely on their judgments to determine the time when a person has become a danger to society. What is the proper stage for the authorities to arrest a person attempting to commit a crime?
Elements
An attempt to commit a crime is punishable by law despite the fact that such crime was not consummated. The elements of the crime are
- An act of execution which is not merely preparatory acts which will directly achieve the crime.
- The intention of committing the crime is an important element because crimes resulting from mere negligence without intent on the part of the accused can not be prosecuted as an attempt.
- The crime planned was not executed due to the volition of the offender and not because of factors outside his control.
Attempt is also known as an inchoate or undeveloped crime. There are several reasons why a crime remains an attempt and not a consummated crime.
- The offender is arrested
- Acts of desistance on the part of the offender
- An accident or occurrence beyond the control of the offender