Multistate Bar Examination Practice Question

A defendant, intending to rob a jewelry store, purchases a ski mask, gloves, and a crowbar. They drive to the store, park nearby, and sit in their car for several minutes, observing the store's activity. Before exiting the vehicle, the defendant changes their mind and drives away. Under the doctrine of attempt, are the defendant's actions sufficient for criminal liability?

  • Intent is not established without the defendant entering the store or physically attempting to access the property.

  • Observing the store from the car suggests the defendant initiated planning but does not meet the requirements of an attempt.

  • The actions taken by the defendant were preparatory and did not constitute a substantial step toward committing the robbery.

  • The defendant's purchase of tools and presence near the store indicate intent but do not establish an attempt to commit robbery.

Multistate Bar Examination
Criminal Law and Procedure
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