AL Bar Practice Questions - Alabama Bar Examination Exam

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A defendant is charged with attempted robbery. He took substantial steps toward the robbery but abandoned the plan before completing it because he had a change of heart. Under the majority common-law approach to attempt tested on the MBE, is abandonment a defense?

Yes, voluntary abandonment is always a complete defense at common law Yes, abandonment negates the underlying intent retroactively At common law, once the defendant has taken a substantial step (or passed the point of preparation) and the attempt is complete, abandonment is generally NOT a defense No, because attempt is not a crime at common law

Correct Answer:

At common law, once the defendant has taken a substantial step (or passed the point of preparation) and the attempt is complete, abandonment is generally NOT a defense

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