Question

You and your best friend realize that you are in need of money. So, the two of you decide that you will rob the First National Bank on Monday. You get a map of the bank, you borrow a car and your friend gets a gun. Then, you write a hold-up note on a piece of paper. Monday arrives, your friend parks outside the bank in the borrowed car waiting for you. You walk in with the note in your pocket and the gun concealed under your clothes. You approach the teller and she says, “May I help you?” Just then you say, “Oh, I forgot my account passbook.” You then walk out of the bank, get into the car and say, “Let’s get out of here!” A relative of yours calls the police and indicates that you and your friend just went to do the bank job. Later that day, the police pick both of you up for the attempted bank robbery Instructions: Based on the elements of the crime of criminal attempt: 1. Describe the elements of Attempt and how they may or may not apply to this case. 2. Explain whether or not you have committed Attempted Bank Robbery. 3. Discuss whether you have committed any other crimes as well as any crimes your friend has committed. 4. Explain whether you or your friend qualify for a defense for your actions, and if so, identify the defense that applies for each of your actions. (Legal impossibility, Voluntary Abandonment, etc.)

Answer 1

Attempt, as a crime, involves a substantial step toward committing a crime with the intent to complete it.

How can the law interpret this?

In this case, the actions of obtaining a map, a gun, and writing a hold-up note suggest substantial steps toward a bank robbery. However, the decision to abandon the attempt by walking out before presenting the note or gun might argue against meeting the attempt's criteria.

The mere presence at the bank with intent and preparation doesn't constitute an attempted bank robbery. The conscious decision to abandon the plan before any threatening action diminishes the completion of the attempt.

The action of bringing a gun could potentially constitute a separate crime of carrying a concealed weapon. Your friend, by possessing and waiting with the gun, might face charges related to attempted armed robbery.

The defense of voluntary abandonment may apply for choosing not to complete the crime, demonstrating a genuine intention to withdraw from the criminal act before its commission.