Main Content

Criminal Law

Attempt

Attempt, an “inchoate” or incomplete offense, lies somewhere between merely thinking about committing a crime and successfully doing so. How far along this continuum should one have to proceed before her actions are deemed criminal? Furthermore, how should we think about culpability for attempt vis-a-vis culpability for the completed offense? If the defendant intended to cause a harm, and tried with all of her will to do so, why should we excuse her, even partially, if the desired harm fails to occur? Should it matter why the attempt was not completed? Is it better if she thought better of it or if she tried with all her might to complete the crime but was thwarted from doing so?