A defendant, enraged by a personal slight, intends to shoot and kill his neighbor. He purchases a handgun, drives to his neighbor's house, and waits outside for an hour, intending to ambush the neighbor. Before the neighbor appears, the defendant experiences a change of heart, disposes of the gun in a nearby dumpster, and drives home. The jurisdiction follows the Model Penal Code (MPC) approach to attempt. Can the defendant be liable for attempted murder?
- ANo, because he voluntarily abandoned his plan before committing the crime.
- BNo, because he did not take a substantial step strongly corroborative of his criminal purpose.
- CYes, because voluntary abandonment is not a defense once a substantial step is taken.
- DYes, because he had the specific intent to kill and took steps towards its commission.
Show answer & explanationAnswer & explanation
Correct answer: A. No, because he voluntarily abandoned his plan before committing the crime.
Under the Model Penal Code (MPC), voluntary and complete abandonment of criminal purpose is an affirmative defense to attempt, provided the abandonment occurs before the crime is completed and is not motivated by increased difficulty, detection, or a decision to postpone. Here, the defendant had a 'change of heart' and completely abandoned the plan.
Why the other options are wrong
- B. Purchasing a gun, driving to the house, and waiting to ambush would likely constitute a substantial step under the MPC's 'strongly corroborative' standard.
- C. This is incorrect for the MPC; common law often did not recognize abandonment, but the MPC does for attempt if voluntary and complete.
- D. While he had intent and took steps, the MPC's specific defense of voluntary abandonment is applicable here.
Voluntary Abandonment (MPC Attempt)
Under the Model Penal Code, voluntary and complete renunciation of criminal purpose is an affirmative defense to attempt, provided the abandonment is not motivated by external factors like increased risk of detection or temporary postponement.
- Must be voluntary (not due to external circumstances).
- Must be complete (not just a postponement).
- Affirmative defense, meaning the defendant bears the burden of proof.
Memory trick: Abandonment, Impossibility: Stops to the Attempt.