No Attempt
It is not possible to attempt the other inchoate offenses of conspiracy, or aiding, abetting, counseling or procuring an offense because the defendant would be too remote from the full offense. Similarly, there can be no attempt where the mens rea for the full offense is criminal negligence since, by definition, there is insufficient intention to commit the full offense. Hence, there can be no charge of attempted involuntary manslaughter. It may, however, be possible to prove an attempted omission since all the preparatory steps are presumably commissive in building up to the situation in which the defendant will fail to act.
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Famous quotes containing the word attempt:
“Heaven is the work of the best and kindest men and women. Hell is the work of prigs, pedants and professional truth-tellers. The world is an attempt to make the best of Heaven and Hell.”
—Samuel Butler (1835–1902)
“The rebel, unlike the revolutionary, does not attempt to undermine the social order as a whole. The rebel attacks the tyrant; the revolutionary attacks tyranny. I grant that there are rebels who regard all governments as tyrannical; nonetheless, it is abuses that they condemn, not power itself. Revolutionaries, on the other hand, are convinced that the evil does not lie in the excesses of the constituted order but in order itself. The difference, it seems to me, is considerable.”
—Octavio Paz (b. 1914)