MBE Rules · Criminal Law
Attempt
The rule
Specific intent to commit a target crime PLUS a substantial step (MPC) or dangerous proximity (common law) toward its commission. Abandonment is generally NOT a defense at common law; MPC §5.01 allows voluntary and complete renunciation as defense. Factual impossibility is no defense; legal impossibility is.
In plain English
Attempt means you tried to commit a crime and took a big step toward doing it, even if you didn't finish. You can't back out later to avoid charges, unless under certain rules you truly changed your mind.
Worked example
The defendant planned to rob a store and was caught inside with a mask and gun. Even though he didn't take any money, his actions show a clear attempt to commit robbery.
Memory hook
Attempt: try hard, step closer. Intent + action, not just thoughts, make an attempt.
The trap
Students think: Any preparation counts. Wrong, because mere preparation isn't enough. Actual test is substantial step (MPC) or dangerous proximity (common law).
How examiners test it
The MBE loves: defendant planned, took steps, but crime failed. Question: Is it attempt? Trap: confusing mere preparation with substantial step or dangerous proximity.
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