Which inchoate offense involves a person trying to commit a crime, but failing?
Solicitation to commit voter fraud.
Mr. Pursley names one. What are your choices? What is YOUR choice?
The inchoate offense that involves a person trying to commit a crime but failing is known as an "attempt". An attempt occurs when an individual takes deliberate steps toward the commission of a crime but is ultimately unsuccessful in completing it.
To determine which specific inchoate offense applies, we first need to identify the jurisdiction or legal system being referred to, as the definitions and elements of inchoate offenses can vary. However, in many jurisdictions, including common law systems, an attempt typically requires three elements: intent, overt act, and failure to complete the crime.
1. Intent: The person must possess the specific intent to commit the underlying crime. This means they have the conscious purpose or desire to engage in the criminal conduct.
2. Overt act: The individual must take some action that goes beyond mere preparation but falls short of actually completing the offense. This act is often referred to as a substantial step or substantial evidence of the intention to commit the crime.
3. Failure to complete the crime: The attempt is generally considered incomplete if the person is unable to carry out the criminal act due to external circumstances, intervention by others, or their own ineptitude.
To determine the specific offense, you would need to identify the underlying crime that the person attempted to commit. For example, if a person attempted to rob a bank but was unable to obtain any money, the offense would be attempted robbery. If someone tried to sell drugs but was caught before handing over any illegal substances, the offense would be attempted drug dealing.
Keep in mind that the specific elements and definitions of inchoate offenses can differ based on jurisdiction, so it is important to research the applicable laws in the relevant legal system.