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 vial of arsenic, researches its effects, and practices mixing a non-lethal substance into coffee without detection. The night before he plans to administer the poison, he is arrested based on a tip from a concerned friend. The client is charged with attempted murder. Under the Model Penal Code (MPC) 'substantial step' test, what is the strongest argument for conviction?
- AThe client researched the poison and practiced its administration.
- BThe client purchased the arsenic, which is a step strongly corroborative of criminal purpose.
- CThe client was only one day away from committing the crime.
- DThe client had a clear motive and intent to kill.
Show answer & explanationAnswer & explanation
Correct answer: B. The client purchased the arsenic, which is a step strongly corroborative of criminal purpose.
The MPC's 'substantial step' test focuses on acts that strongly corroborate the actor's criminal purpose. Purchasing the means of committing the crime (arsenic) is explicitly listed as an example of a substantial step under the MPC, indicating a firm commitment to the criminal objective beyond mere preparation.
Why the other options are wrong
- A. Research and practice are preparatory acts; while they show intent, they are generally considered less 'substantial' than acquiring the actual means of the crime.
- C. Proximity to the crime is a factor in some attempt tests (e.g., proximity test), but the MPC 'substantial step' test emphasizes the nature of the act itself in corroborating criminal purpose.
- D. Motive and intent are elements, but the question asks for the strongest argument under the 'substantial step' test, which focuses on overt acts.
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 purpose to commit the crime.
- Must be a 'substantial step' strongly corroborative of criminal purpose.
- Focuses on conduct beyond mere preparation.
Memory trick: Inchoate: Almost there, but not quite.