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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

At 3:00 a.m., Darren, driven by greed, goes to a jewelry store known to be unoccupied at that hour. He hides in an alley, breaks the back door with a crowbar, and enters the shop. He proceeds toward the display cases, but a security guard triggers an alarm and detains him before any property is taken. Which statement is correct regarding Darren's liability for attempted robbery and the rule on when an attempt exists and what constitutes an overt act? Apply the rule to the facts and indicate the applicable penalty.

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Darren is liable for attempted robbery; the rule on attempts requires a direct and overt act clearly aimed at the accomplishment of the felony; breaking the back door and entering the shop constitutes such an overt act, and the penalty is the penalty next lower in degree than that prescribed for the consummated robbery. The offense is attempted robbery; the penalty is the same as that for the consummated robbery. Darren is not liable for attempted robbery because breaking the back door and entering the shop is still only preparation and does not amount to an overt act. Darren's acts constitute attempted burglary, not robbery, since burglary involves entering a building to commit a crime.

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