Attempted Crimes vs. Successfully Completed Crimes

When it comes to the justice system, there's a big difference between someone who tries to commit a crime but fails, and someone who actually succeeds in carrying out an illegal act. This article will break down the legal and ethical implications of attempted crimes versus completed crimes.

The Basics of Criminal Attempts

In order for an attempt to commit a crime to be considered a criminal offense, two elements must be met:

• There must be intent to commit the crime
• There must be some action taken toward completing the crime

Let's break this down. If someone wants to rob a bank but never actually tries to do it, there's no attempted crime. Similarly, if someone accidentally trips and falls into a bank vault, they didn't have criminal intent so it's not an attempted crime. There must be both the desire to commit the illegal act, and steps taken in furtherance of that goal. The action taken doesn't have to be the last step before completion of the crime. For example, if someone buys materials to make a bomb, and starts assembling it with plans to detonate the bomb, this can be enough for an attempted bombing charge, even if they are arrested before the bomb is fully assembled or detonated.

Punishment for Attempted Crimes

In most jurisdictions, the punishment for an attempted crime is less than the punishment for the completed version of that offense¹. There are a few reasons for this:

• No harm was actually done, since the crime was not completed
• It shows less resolve, commitment and dangerousness if someone tries but fails to complete a crime, versus succeeding
• Individuals may be rehabilitated more easily if they did not go through with the criminal act

However, the specifics vary widely. For example, under federal law, the maximum sentence for attempted murder is 20 years, while first degree murder carries a maximum of life imprisonment or the death penalty². But under New York state law, attempted murder and murder have the same maximum punishment of 25 years to life³. In some cases, such as attempted petty larceny, the punishment may be a fine alone, with no jail time.

Legal Defenses Against Attempt Charges

Those accused of attempted crimes can raise several legal defenses to fight the charges:

• Abandonment - If the defendant voluntarily abandoned their plans and made no effort to complete the crime, this can negate an attempt charge in some jurisdictions.
• Impossibility - If the crime was impossible to complete for reasons unknown to the defendant, they may not be guilty of attempt. For example, if someone tried to pick an empty pocket, it wouldn't be attempted theft since there was nothing to steal.
• Lack of intent - The prosecution must prove the defendant intended to commit the underlying crime. If the intent cannot be proven, attempt charges may fail.

These defenses don't always work. Many jurisdictions only allow factual impossibility as a defense, not legal impossibility. For abandonment, the person must have completely and voluntarily withdrawn from the criminal plan, not just postponed it. And arguing lack of intent requires convincing evidence.⁴

Ethical Considerations

There are some interesting ethical questions around how the justice system should treat attempted crimes versus completed crimes:

• Is it fair to punish attempts less severely, if the only reason the crime failed was due to outside factors beyond the criminal's control?
• Should those who sincerely wanted to break the law, made plans to do so, but ultimately couldn't follow through receive the same punishment as those who succeeded?
• If someone is caught before completing a crime, are they just as dangerous and morally culpable as someone who actually did it?

There are good arguments on both sides. Some believe the intent and desire to commit a crime deserves harsh punishment, regardless of the outcome. Others argue that punishment should be based on actual harm caused rather than hypotheticals. Much also depends on the motivation for attempting a crime. For example, many believe that mercy and rehabilitation should be offered to those who tried to commit a crime out of desperation, but then thought better of it and stopped themselves from following through. The law does not make this distinction, but perhaps ethics should.

Case Studies

The Case of Bernard von NotHaus

Bernard von NotHaus was convicted in 2011 of attempting to make counterfeit currency and coins intended to compete with U.S. currency⁵. Even though his coins never circulated widely, he was found guilty of attempt because of his proven intent and active work toward producing the coins and bills. This case highlights how incomplete crimes can still lead to convictions if the intent and initial actions are proven. However, von NotHaus only received 6 months of house arrest, much less than typical punishments for counterfeiters. This shows how attempted crimes are often punished less severely.

The Case of Lucia de Berk

Lucia de Berk was a nurse in the Netherlands convicted in 2003 of murdering 4 patients and attempting to murder 5 others. However, all the deaths were actually due to natural causes, and experts later found no real evidence against de Berk. She was exonerated in 2010 after serving over 6 years in prison. This infamous case demonstrates the risks of attempt convictions based solely on circumstantial evidence. It highlights how attempts can be punished nearly as harshly as completed crimes, even without solid proof.

Summary

While attempted and completed crimes are legally distinct, both come with potentially serious punishments. Those accused of attempted offenses can raise certain defenses, but face an uphill legal battle, as intent often weighs heavily in attempt cases. There are also interesting ethical dimensions around how attempted crimes should be punished compared to successful crimes. The law does not always match general moral intuitions. This complex topic will continue to evolve as courts and legislators try to balance justice, public safety, and ethical considerations.

Citations

https://www.ojp.gov/pdffiles1/nij/247350.pdf

https://www.law.cornell.edu/uscode/text/18/1113

https://www.nysenate.gov/legislation/laws/PEN/125.25

https://www.justia.com/criminal/defenses/impossibility/

https://www.nytimes.com/2011/03/19/us/19liberty.html