Crime is not an instantaneous event but a process that unfolds in identifiable stages. To effectively comprehend criminal liability, it is important to understand these stages and recognize the point when mere intention transforms into a punishable attempt.
The Four Pillars of Crime
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Intention (Mens Rea): Every crime begins in the mind. Intention refers to the mental decision to commit an offense. It is the first internal step, where a person formulates a purpose to violate the law.
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Preparation: Following intention, preparation involves arranging the means to accomplish the crime. Gathering tools or planning the details exemplifies this stage. However, preparation alone is not punishable under law as no overt criminal act has been initiated.
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Attempt: This is the crucial turning point. An attempt occurs when a person moves beyond preparation and takes direct, overt actions toward committing the crime. The law draws a line here—acts that clearly show a determination to complete the offense become punishable. Attempt is not necessarily the final step before the completed crime but any decisive move in that direction qualifies.
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Commission: The crime reaches its climax with commission—the actual execution of the unlawful act. Both intention and physical action come together to consummate the offense.
When Does the Attempt Start?
The attempt starts the moment preparation turns into execution of specific acts moving unequivocally toward the crime’s completion. It’s more than planning; it’s doing. For example, mere buying a weapon might be preparation, but pointing it at someone with intent to shoot marks the start of an attempt.
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