Author Question: Evidence and arguments offered by the defendant to show why the defendant should not be held liable ... (Read 36 times)

jjjetplane · **on:** Aug 17, 2018

Evidence and arguments offered by the defendant to show why the defendant should not be held liable for a criminal charge are called:

A) necessities.
B) defenses.
C) executions.
D) justifications.

Question 2

Discuss the substantial step made in furtherance of the commission of an offense, contrasted with the mere planning or preparation to commit the criminal offense. Explain why one may be the subject of criminal liability while the other is not.

What will be an ideal response?

ryansturges · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Answer: B

Answer to Question 2

Answer: Last step test requires that the actor took the last step or performed the last act toward the commission of the offense that was intended. This test made it difficult to prevent the occurrence of the intended offense because it was nearly impossible to stop the completion of the intended crime. The physical proximity test was the traditional test used at Common Law. Remote acts that led to the commission of the offense were not considered sufficient for an attempt. Instead, only those acts immediately connected with and sufficiently near the commission of the completed offense were considered as constituting an attempt. The dangerous proximity test was developed through case law in an opinion authored by Justice Holmes. The test incorporates the physical proximity standard, but requires the conduct to be in dangerous proximity to succeeding at the commission of the intended offense. Also discuss the indispensable element test, unequivocal test, and the probable desistance test. The Model Penal Code has adopted the substantial step test, which is used in most states and the federal courts. Whether or not the acts leading up to the intended commission of the completed offense constitutes the crime of attempt will depend upon the unique circumstances of each case.