Understanding Attempt and Conspiracy in Crimes

When we talk about crimes that are not fully completed, like attempts and conspiracies, both involve wanting to commit a crime. But the mental state, or mens rea, needed for each is quite different.

What is Mens Rea?

• Mens Rea means the mental attitude or intention behind doing something illegal.
• In laws about crimes, how much intent is needed can change based on the type of crime.

Mens Rea in Conspiracy

• Nature: For conspiracy, it means that two or more people agree to do something illegal.
• Intent: Each person must want to help carry out the crime.
• Knowledge: Everyone involved should know what the conspiracy is about.
• Objective: The goal must be to commit a specific crime. Just thinking about doing a crime can lead to serious consequences.

Mens Rea in Attempt

• Nature: In an attempt, it’s more about what one person does to commit a crime instead of agreeing with others.
• Intent: The person has to want to commit the crime and take real steps toward doing it.
• Substantial Step: The actions taken must clearly show the person means to follow through on the crime, not just prepare for it.

Key Differences

1. Number of Parties:

   • Conspiracy means at least two people are involved.
   • Attempt can involve just one person trying to commit the crime.

2. Nature of Agreement:

   • Conspiracy needs a plan or agreement to do something illegal.
   • Attempt doesn’t require any agreement, just intent and action.

3. Required Intent:

   • In conspiracy, the intent can be simpler because it includes wanting to agree to do something illegal.
   • In an attempt, the intent must be stronger, showing a clear and determined wish to commit the crime.

Legal Perspectives and Numbers

• The FBI reported that in 2020, there were about 1.9 million arrests for property crimes, showing many people may be involved in conspiracies.
• On the other hand, when it comes to attempts, the chance of being convicted differs; for example, in California, about 20% of those charged with attempts actually faced convictions. This shows it's tougher to prove intent than to show someone committed a crime.

Conclusion

Knowing the differences in mens rea between attempt and conspiracy is super important in law. Conspiracy focuses on the group’s intention to do something wrong, while attempt centers on what one person intends and does to commit a crime. This knowledge helps legal experts and students understand the complicated world of unfinished crimes better.