In Crim this week, we talked about what constitutes an attempted crime. What if someone goes to great lengths to plan a criminal act, has a change of heart, and doesn't go through with the deed? There are a few competing theories about this, and the question of what constitutes movement beyond preparation can spark classroom discussion.
What's the law? The model penal code recognizes the possibility of renunciation (5.03), although not all courts do. Where renunciation is allowed, it has to be voluntary and complete, that is, not compelled by the appearance of law enforcement officers on the scene, forcing you to postpone the attempt until a later date.
Well, what if you suspect that your wife is cheating on you with your boss, and your plan for revenge involves breaking into the company vault and stealing a large sum of cash? What if you go so far as to carry out that plan, only to learn that your suspicions were mistaken, and that the worst thing that your boss has done is simply having bad taste in statues? What do you do?
If you answered, "break in again, return the money, and hope that somehow the security tape showing your face will get erased," you've got an ending to your movie, but you don't have freedom from criminal liability. The abandonment defense doesn't apply to completed crimes. So as I understand it, breaking back in to return the money would expose you to another count of B&E. You'd be better off turning yourself in and hoping for leniency, or setting your feet on fire (some NSFW language).
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