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:
- State v. Workman, 584 P.2d 382 (Wash. en banc 1978) — once attempt complete, no abandonment.