In order to understand why these tests are necessary, there must be an understanding of what an attempt is. An attempt can be defined as “when a person, with the intent to commit an offense, performs any act that constitutes a substantial step toward the commission of that offense” (Garland, N., 2012, p. 115). Whether it is a complete crime or an incomplete one, there must be an intent, as well as other elements, must be present. The elements that must be present include “the defendant did everything she set out to do, but failed” as well as “the defendant does some of the acts needed to finish the crime, but is prevented from succeeding or decides to quite” (Martindale-Hubbell, 2015). All of the elements required for a crime to be considered an attempt must be present.
First up to be discussed is the last act test. The last act test was “established in England in the case of Regina v. Ealeton” is defined in the text as “an attempt occurs when a person has performed all of the acts that he or she believed were necessary to carry out the action that would constitute the underlyin...
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...e actions breach that line of attempt, but other actions, such as a person simply saying they are going to kill someone, but taking no steps towards it, do not meet the requirements for attempt, though they may still meet the requirements for another crime.
Making sure that all of the pieces to a puzzle are in place is what ensures that the correct actions are being taken. When it comes to labeling a crime as an attempt, it is not exempt from this fact. There are many elements and requirement that must be meet, as well as be within reason, for that charge to be held as valid. The criminal justice systems use many different methods when it comes to labeling a crime as an attempt. Some of the methods includes the last act test, the physical proximity test, and the dangerous proximity test. Each test has its own rhyme or reasoning for labeling a crime as an attempt.
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