say someone is robbing a bank and brings is wearing a mask and holds a green garbage bag. when he sees the police come by, he leaves the scene. Can he be charged for anything?
this is for my law class so dont get any ideas that this is about me, lol.|||Quizzard, you don%26#039;t know what you are talking about, seriously.
The question is whether entering a bank with a mask and holding a green garbage bag would be enough to constitute attempted robbery. In determining guilt for criminal attempt, a court will look to see if the defendant committed an act which is a %26quot;substantial step%26quot; towards commission of the crime. An attempt is incomplete when the defendant is prevented from achieving his or her goal in the commission of the crime. There are several different tests that courts use to determine if a criminal attempt has occurred. I posted a link below.
Here, the defendant was caught with the instruments necessary to commit robbery and he had entered the bank itself. Furthermore, he only renounced the crime when he saw the police. Of the several definitions of criminal attempt, only one has a viable argument, that of the %26quot;last act.%26quot; It could be possible for a defense attorney to argue that the defendant did not come to the last acts before committing the robbery, which would have been putting on the mask, walking up to the counter, and demanding the money. The prosecution could argue that these actions are not necessary for a robbery, for the last act before actually committing the crime would be simply entering the bank. Of all the other definitions, the defendant doesn%26#039;t stand a chance.
When the crime involves a conspiracy, a conspirator must take affirmative action to foil the conspiracy for a renunciation to be valid. If renunciation occurs only for fear of getting caught, it is not a valid defense. This issue was on the July 2009 Bar exam in Pennsylvania as well as other states.
Renouncing a crime because one sees the police is not enough to escape prosecution. In criminal law, we are concerned with the mens rea, the criminal intent on committing a crime. Even when the crime is impossible to commit (such as believing you are poisoning someone with non-toxic soap), we still prosecute. In your above example, it is clear that the defendant fully intended to commit a crime. That is what society seeks to punish.|||No crime has been committed unless he demanded money, unless that jurisdiction has a concealment (mask) law. If he has demanded money, even f he doesn%26#039;t get any, he has committed a crime.|||The question of when a plan turns into an attempt is difficult. In most states, the person must take some concrete steps toward the crime in order to have an attempt. In your case, it may be an attempted robbery or it may be mere preparation.
