Dictionary of Law
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attempt :: legal definition


Attempt - v. and n. to actually try to commit a crime and have the ability to do so. This means more than just thinking about doing a criminal act or planning it without overt action. It also requires the opportunity and ability. Attempts can include attempted murder, attempted robbery, attempted rape, attempted forgery, attempted arson, and a host of other crimes. The person accused cannot attempt to commit murder with an unloaded gun or attempt rape over the telephone. The attempt becomes a crime in itself, and usually means one really tried to commit the crime, but failed through no fault of himself or herself. Example: if a husband laces his wife's cocktail with cyanide, it is no defense that by chance the intended victim decided not to drink the deadly potion. One defendant claimed he could not attempt rape in an old Model A coupe because it was too cramped to make the act possible. The court threw out this defense. Sometimes a criminal defendant is accused of both the crime (e.g. robbery) and the attempt in case the jury felt he tried but did not succeed.


Related Law Terms

American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
back-to-back life sentences :: n. slang for consecutive life terms imposed by a j ... ther 25 years for a parole hearing.
bail :: 1) n. the money or bond put up to secure the relea ... bond bail bondsman own recognizance
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
decriminalization :: n. the repeal or amendment of statutes which made ... gh clinics and other legal sources.
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation
DNA :: n. scientifically, deoxyribonucleic acid, a chromo ... is strongly in favor of admission.
entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc?
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
felony murder doctrine :: n. a rule of criminal statutes that any death whic ... arged with murder. See also: murder
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter
jeopardy :: n. peril, particularly danger of being charged wit ... ar Evers. See also: double jeopardy
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
juvenile court :: n. a special court or department of a trial court ... See also: court juvenile delinquent
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
life without possibility of parole :: n. a sentence sometimes given for particularly vic ... or may someday reduce the sentence.
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life."
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
molestation :: n. the crime of sexual acts with children up to th ... of rape. See also: pedophilia rape
moral turpitude :: n. gross violation of standards of moral conduct, ... r penalty for a criminal defendant.
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
offender :: n. an accused defendant in a criminal case or one ... crime. See also: accused defendant
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor
prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment.
withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation

Popular Law Searches

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Other Law Terms - A

a fortiori :: (ah-for-she-ory) prep. Latin for "with even strong ... rother Cain certainly is too young.
a priori assumption :: (ah-pree-ory) n. from Latin, an assumption that is ... when the reality is not so certain.
a.k.a. :: prep. abbreviation for "also known as" when someon ... nodgrass, a.k.a. "Snuffy the Snod."
ab initio :: prep. lawyer Latin for "from the start," as "it wa ... tart," as "it was legal ab initio."
abandon :: v. to intentionally and permanently give up, surre ... lso: abandoned property abandonment
abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
abate :: v. to do away with a problem, such as a public or ... ty septic tank. See also: abatement
abatement :: n. 1) the removal of a problem which is against pu ... eneficiary in full. See also: abate
abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abet :: v. to help someone commit a crime, including helpi ... n the crime. See also: aid and abet
abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
able-bodied :: adj. physically capable of working at a job or in ... of paying alimony or child support.
abortion :: n. the termination of pregnancy by various means, ... ed abortion continue in the future.
abrogate :: v. to annul or repeal a law or pass legislation th ... ons of a contract. See also: repeal
abscond :: v. 1) traditionally to leave a jurisdiction (where ... as in "he absconded with the loot."
absolute :: adj. complete, and without condition. ... j. complete, and without condition.
abstention doctrine :: n. when the Supreme Court refuses to exercise its ... being appealed from a state court.
abstract :: n. in general, a summary of a record or document, ... tract of judgment abstract of title
abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien