Attempt

Attempt in United States

Attempt Definition

In criminal law. An endeavor to accomplish a crime carried beyond mere preparation for it, but falling short of the ultimate design. 5 Cush. (Mass.) 367. The elements are (1) intent to commit a crime; (2) an affirmative act in pursuance of that intent, but falling short of the crime intended. 1 Bish. Crim. Law, § 510. Such act need not be the last proximate act to the consummation of the crime in contemplation, but it is sufficient if it be an act apparently adapted to produce the result intended. It must be more than mere preparation. 86 Va. 382.

Attempt in Foreign Legal Encyclopedias

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Attempt Attempt in the European Legal Encyclopedia.
Attempt Attempt in the Asian Legal Encyclopedia.
Attempt Attempt in the UK Legal Encyclopedia.
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Attempt Attempt in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Attempt Attempt in the Constitutional Law Portal of the American Encyclopedia of Law.
Attempt Attempt in the Tax Law Portal of the American Encyclopedia of Law.
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Attempt Attempt in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Attempt Attempt in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

In criminal law. An endeavor to accomplish a crime carried beyond mere preparation for it, but falling short of the ultimate design. 5 Cush. (Mass.) 367. The elements are (1) intent to commit a crime; (2) an affirmative act in pursuance of that intent, but falling short of the crime intended. 1 Bish. Crim. Law, § 510. Such act need not be the last proximate act to the consummation of the crime in contemplation, but it is sufficient if it be an act apparently adapted to produce the result intended. It must be more than mere preparation. 86 Va. 382.

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Notice

This definition of Attempt Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

An act done with the intent to commit a crime and tending but failing to effect its commission. For elements necessary to constitute the crime of attempt are intention, an overt act, failure, and closeness of success. See merger (in U.S. law).

(Revised by Ann De Vries)

What is Attempt?

For a meaning of it, read Attempt in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Attempt.

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See Also

  • Legal Topics.
  • Assault and Battery; Conspiracy; Solicitation.

    Further Reading (Books)

    American Law Institute. Model Penal Code: Proposed Official Draft. Philadelphia: ALI, 1962.

    Model Penal Code: Tenative Draft No. 10. Philadelphia: ALI, 1960.

    Ben-Shahar, Omri, and Harel, Alon. “The Economics of the Law of Criminal Attempts: A Victim-centered Perspective.” University of Pennsylvania Law Review 145 (1996): 299_351.

    Becker, Lawrence C. “Criminal Attempt and the Theory of the Law of Crimes.” Philosophy and Public Affairs 3 (1974): 262_294.

    Comment. “Why Do Criminal Attempts Fail?: A New Defense.” Yale Law Journal 70 (1960): 160_169.

    Davis, Michael. “Why Attempts Deserve Less Punishment than Complete Crimes.” L. & Phil. 5 (1986): 1_32.

    Duff, R. Anthony. Criminal Attempts. New York: Oxford University Press, 1996.

    Hall, Jerome. General Principles of Criminal Law. 2d ed. Indianapolis: Bobbs-Merrill, 1960.

    Kadish, Sanford H., and Schulhofer, Stephen. Criminal Law and Its Processes: Cases and Materials. 6th ed. Boston: Little, Brown, 1995.

    Meehan, Eugene R. “The Trying Problem of Criminal Attempt: Historical Perspectives.” University of British Columbia Law Review 14 (1979): 137_161.

    Michael, Jerome, and Wechsler, Herbert. “A Rationale of the Law of Homicide.” Columbia Law Review 37 (1937): 701_761, 1261_1325.

    Perkins, Rollin M. “Criminal Attempt and Related Problems.” UCLA Law Review 2 (1955): 319_355.

    Rotenberg, Daniel L. “Withdrawal as a Defense to Relational Crimes.” Wisconsin Law Review (1962): 596_607.

    Sayre, Francis B. “Criminal Attempts.” Harvard Law Review 41 (1928): 821_859.

    Schulhofer, Stephen J. “Harm and Punishment: A Critique of Emphasis on the Results of Conduct in the Criminal Law.” University of Pennsylvania Law Review 122 (1974): 1497_1607.

    Shavell, Steven. “Deterrence and the Punishment of Attempts.” J. Leg. Stud. 19 (1990): 435_466.

    Williams, Glanville. Criminal Law: The General Part. 2d ed. London: Stevens, 1961.

    Further Reading (Articles)

    Attempt, Encyclopedia of Genocide and Crimes Against Humanity; January 1, 2005

    Fatal and nonfatal suicide attempts among adolescents – Oregon, 1988-1993., MMWR. Morbidity and Mortality Weekly Report; April 28, 1995

    Suicide Attempts and Associated Factors in Newfoundland and Labrador, 1998-2000, Canadian Journal of Psychiatry; October 1, 2005; Alaghehbandan, Reza Gates, Kayla D. MacDonald, Don

    Suicide Attempts by Poisoning Found to Be Less Likely around Major Holidays, Mental Health Weekly Digest; October 29, 2012

    Suicide Attempts, Addiction Professional; July 1, 2004; Goldston, David B.

    Specific Characteristics of Suicide Attempts in Patients with Schizophrenia in Turkey, The Israel Journal of Psychiatry and Related Sciences; July 1, 2009; Uzun,


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