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Criminal Law Simons, Volume III
Resource 8 . 2 . 5
less than a minute

An Actus Reus Hypo

Michael A. Simons

Consider the following hypothetical, in which Donna makes preparations for killing Vin, but ultimately does not kill him. At what point is Donna guilty of attempted murder under the MPC? Under the NYPL?

1. Donna decides to kill Vin, who lives 10 miles away
2. Donna loads her gun
3. Donna sets off for Vin's house with the gun
4. Donna arrives at Vin's house
5. Donna surveys the area
6. Donna returns to her car
7. Donna lies in wait with the gun
8. Vin does not arrive home at the expected time 
9. Donna leaves; Vin arrives home five minutes later

The next day, Donna returns and repeats steps 1-9:

10. Vin arrives home; Donna aims 
11. Vin exits the car
12. Donna puts her finger on the trigger; Vin's daughter appears
13. Donna decides to wait until the next day
14. While driving home, Donna decides not to kill Vin

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