What is the difference between making preparations and taking a substantial step?

MultiRegion, United States of America

The following excerpt is from U.S. v. Scott, 767 F.2d 1308 (9th Cir. 1985):

The difference between making preparations and taking a substantial step would appear to be one of degree. United States v. Joyce, 693 F.2d 838 (8th Cir.1981), citing Commonwealth v. Peaslee, 177 Mass. 267,

Page 1312

[a] substantial step must be something more than mere preparation, yet may be less than the last act necessary before the actual commission of the substantive crime, and thus the finder of fact may give weight to that which has already been done as well as that which remains to be accomplished before the commission of the substantive crime. United States v. Jackson, supra, 560 F.2d at 118-19. In order for behavior to be punishable as an attempt, it need not be incompatible with innocence, yet it must be necessary to the consummation of the crime and be of such a nature that a reasonable observer, viewing it in context could conclude beyond a reasonable doubt that it was undertaken in accordance with a design to violate that statute.

Other Questions


Can a person who makes a political contribution to their own campaign be denied a right to make their own speech if they are not allowed to make it free? (MultiRegion, United States of America)
What is the standard of review on both the substantial and substantial evidence and the substantial evidence test? (MultiRegion, United States of America)
In a preliminary injunction, what steps will the court take before making a finding in the context of historical analysis? (MultiRegion, United States of America)
Is the evidence insufficient to support any of the 12 convictions for conspiracy to make false statements, making, and aiding and abetting in making false statements to federally insured financial institutions? (MultiRegion, United States of America)
What is the substantial effect of a criminal statute requiring substantial jurisdiction? (MultiRegion, United States of America)
Does a defendant have an affirmative obligation to take affirmative steps to insure that they will be tried in a timely manner? (MultiRegion, United States of America)
Is a failure to demand a car or to tender the amount of reasonable storage charges make any difference? (MultiRegion, United States of America)
What steps must a disenchanted shareholder take to commence a derivative action? (MultiRegion, United States of America)
Is there any case law where a defendant admitted to making an error of plain error in making statements at trial? (MultiRegion, United States of America)
Does the government have an obligation to ensure that defendants take steps to insure that they will be tried in a timely manner under the Speedy Trial Act? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.