What are the elements required for a legal attempt to commit a crime?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

The correct answer highlights the essential elements for establishing a legal attempt to commit a crime, which are specific intent and the taking of a substantial step towards the commission of the crime.

In criminal law, "specific intent" refers to the defendant's intention to achieve a particular result or commit a particular act. This means that the defendant must not only have the desire to commit the crime but also the purpose behind their actions must be explicit in targeting that specific crime.

The requirement of a "substantial step" is critical as well, as it prevents individuals from being charged with attempt based merely on their thoughts or plans. A substantial step indicates that the defendant has taken concrete action towards committing the crime, moving beyond mere preparation or planning. This could include actions such as acquiring materials necessary for the crime or directly engaging in conduct that is a significant move towards execution of the intended crime.

Thus, to be held criminally liable for an attempt, there must be clear evidence of both the intent to commit the crime and actions that demonstrate movement towards its commission, fulfilling the criteria for attempt under the law.

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