Running head: Establishing Attempted Crimes 1 Establishing Attempted Crimes When discussing attempted crimes, there is no consistent definition for the actus reus. The main reason for this is the actus reus for attempted crimes is found in between the preparation and perpetration of the crime. When attempting to figure out where the preparation of the crime ends, or where it begins, it is virtually impossible since no two crimes are the same (Worrall and Moore, 2013). In order to establish the actus reus of attempted crimes, the courts have created several tests. The tests used to determine attempt are called: the “last act” test, the “physical proximity” test, the “dangerous proximity” test, the “indispensable element” test, the “probable desistance” test, the “unequivocality” test, and The Model Penal Code’s “substantial step” test. Although these tests assist with establishing the actus reus of attempted crimes they still do not provide a definitive answer. One test used to establish the actus reus of an attempted crime is the “last act” test. This test is used to determine if the suspect completed the last act of the crime to he/she intended to complete. This test is helpful to prosecutors because it is fairly straight forward. If the last act of a crime is completed it no longer is an attempted crime satisfying the actus reus of the crime. However, if the crime is merely attempted it is difficult to establish if the very last act of the crime was committed. This poses an issue when attempting to establish if the crime was attempted. In order to prove the last act of the attempted crime, it may be necessary for investigators to look at the earlier actions that took place when the crime was being attempted. Another test to consider when attempting to find whether a crime was attempted or completed is the “physical proximity” test. The physical proximity test is when the actus reus of the attempted crime was completed simply by proving that the suspect was able to commit the
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