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 a small amount of arsenic, grinds it into a fine powder, and places it in a small, unmarked vial. The next morning, as his wife is preparing her coffee, he approaches the kitchen counter with the vial in hand, intending to pour the arsenic into her mug. Just as he reaches for her mug, the phone rings, distracting him. He immediately puts the vial back in his pocket and answers the phone. His wife is unharmed. The client is charged with attempted murder. Which of the following best describes the client's actions in relation to the crime of attempt?
- AHis actions constitute mere preparation and are insufficient for attempt.
- BHis actions constitute a substantial step toward the commission of the crime.
- CHis actions constitute an overt act, but lack the necessary proximity to completion.
- DHis actions demonstrate an unequivocal intent, but not an actual attempt.
Show answer & explanationAnswer & explanation
Correct answer: B. His actions constitute a substantial step toward the commission of the crime.
Under the Model Penal Code's 'substantial step' test for attempt, actions that strongly corroborate the actor's criminal purpose can be sufficient. Approaching the victim with the poison in hand, intending to administer it, is a clear and unequivocal step beyond mere preparation, demonstrating a firm commitment to the crime.
Why the other options are wrong
- A. His actions went beyond mere preparation (purchasing poison) to a direct movement toward the victim with the means of crime.
- C. While proximity to completion is a factor in some tests, the substantial step test focuses on corroborating criminal purpose, which is met here.
- D. Unequivocal intent is present, and the actions go beyond mere intent to a physical manifestation of that intent, qualifying as an attempt.
Attempt (Model Penal Code - Substantial Step)
A person is guilty of attempt if, with the purpose of committing a crime, he does any act which constitutes a substantial step in a course of conduct planned to culminate in his commission of the crime.
- Requires specific intent to commit the target crime.
- The act must be a 'substantial step' that strongly corroborates the actor's criminal purpose.
- Examples of substantial steps include lying in wait, enticing the victim, reconnoitering the place, unlawful entry, possession of materials specially designed for unlawful use, or soliciting an innocent agent.
- This test is less demanding than common law's 'proximity' tests.
Memory trick: Incomplete crimes still show criminal intent and actions.