A defendant, intending to commit a robbery, enters a bank wearing a mask and holding a note demanding money. Before he can present the note to a teller, a security guard spots him and orders him to freeze. The defendant immediately drops the note and flees. In a jurisdiction following the common law approach to attempt, which of the following is the most likely outcome regarding an attempted robbery charge?
- AThe defendant is guilty because he committed an act dangerously close to completion.
- BThe defendant is not guilty because he voluntarily abandoned the crime.
- CThe defendant is guilty because he had the specific intent to rob the bank.
- DThe defendant is not guilty because he only engaged in mere preparation.
Show answer & explanationAnswer & explanation
Correct answer: A. The defendant is guilty because he committed an act dangerously close to completion.
Under the common law 'proximity' or 'dangerous proximity' test for attempt, the act must be dangerously close to the completion of the crime. Entering a bank masked and holding a demand note, even if not yet presented, is generally considered an act dangerously close to the completion of a robbery. Abandonment is not typically a defense at common law once a substantial step (or act dangerously close) has been taken.
Why the other options are wrong
- B. Common law generally does not recognize voluntary abandonment as a defense to attempt once the actus reus for attempt has been committed.
- C. While specific intent is necessary, the actus reus of attempt must also be met, and this option only addresses mens rea.
- D. Entering the bank masked and with a demand note goes beyond mere preparation and constitutes an overt act towards the crime.
Common Law Attempt (Proximity Test)
Under common law, an attempt requires a specific intent to commit the target crime and an overt act that comes 'dangerously close' to completion, going beyond mere preparation.
- Focuses on how physically close the defendant came to completing the crime.
- Higher threshold for actus reus than the Model Penal Code's 'substantial step' test.
- Voluntary abandonment is generally not a defense once the act is committed.
Memory trick: Proximity (Common Law) vs. Substantial Step (MPC): How Close is Too Close?