California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawHard
A client, a former chef, plots to poison his estranged wife by putting arsenic in her morning coffee. He purchases the arsenic, grinds it into a fine powder, and places it in a small, unmarked container. The night before his planned act, he places the container next to his wife's coffee maker. However, he has a change of heart and removes the arsenic before she wakes up. Which of the following best describes the client's criminal liability?
- ANo crime, as he voluntarily abandoned the plan.
- BSolicitation, as he contemplated a crime.
- CAttempted Murder, as he took a substantial step.
- DConspiracy, as he planned the act in his mind.
Show answer & explanationAnswer & explanation
Correct answer: C. Attempted Murder, as he took a substantial step.
Attempted murder requires specific intent to kill and a substantial step towards the commission of the murder. Purchasing and preparing the poison, and placing it next to the coffee maker, constitute substantial steps beyond mere preparation. Even though he abandoned the plan, the crime of attempt was complete once the substantial step was taken.
Why the other options are wrong
- A. Voluntary abandonment is generally not a defense to attempt once a substantial step has been taken.
- B. Solicitation involves asking another to commit a crime, not planning and acting alone.
- D. Conspiracy requires an agreement with another person, which is not present here.
Attempt (Substantial Step Test)
A test for criminal attempt where an act constitutes a substantial step if it is conduct strongly corroborative of the actor's criminal purpose.
- Focuses on what the actor has done, not what remains to be done.
- More expansive than the common law 'proximity' test.
- Examples: lying in wait, enticing victim, reconnoitering place of crime, possessing materials.
Memory trick: Trying to do it, even if you fail, it's an attempt.