Abandonment

Abandonment: a defense (in some jurisdictions) where ∆ has begun an attempt but voluntarily and completely renounces criminal purpose before the crime is completed.

  • Common Law Majority: once an attempt is complete, it cannot be abandoned. ∆ has already demonstrated dangerousness; remorse comes too late.
    • Generally unavailable once "last act" has occurred.
  • MPC & CL Minority: abandonment is a defense if it is complete and voluntary.
    • Voluntary: change of heart (not extrinsic pressure).
    • Complete: not a postponement, not just shifting target/victim/time.
  • Involuntary abandonment (police arrived, victim resisted, weapon failed) is not a defense.

Policy tension: prevention of harm vs. incentive to desist.

Cases: