Criminal attempt essay

Current Problems With The Criminal Attempts Act 1981. Decisions based on objectivist views and common law interpretation reveals that most attempts, especially those of a violent nature, must involve a level of confrontation. Otherwise the burden of proof proves to be too heavy a load for the prosecution to bear.

At early English common law, attempt was not a crime (Schulhofer, S. J. and Kahan, D. M., 2010). Gradually, the law evolved, and a defendant who committed attempt resulting in severe harm was punished for a minor crime, typically a misdemeanor.

The criminal act element required for attempt varies, depending on the jurisdiction. As Chapter 4 “The Elements of a Crime” stated, thoughts are not criminal acts. Thus a defendant does not commit attempt by plotting or planning an offense.

If the facts and circumstances of a case led to the inference that the resultant consequences would have been grave, the crime of attempt is complete. In fact it is the apprehension of a social danger which the particular crime is calculated to excite that determines liability for an attempt.