About: Probable desistance test

An Entity of Type: Thing, from Named Graph: http://dbpedia.org, within Data Space: dbpedia.org

The probable desistance test is a standard for distinguishing between preparation and attempt in a criminal case. Under this standard, a person is guilty of attempt if they intended to commit a crime and acted in such a way that the offense would have been committed, but for intervention by some external factor not in the control of the defendant, such as being stopped by law enforcement.

Property Value
dbo:abstract
  • The probable desistance test is a standard for distinguishing between preparation and attempt in a criminal case. Under this standard, a person is guilty of attempt if they intended to commit a crime and acted in such a way that the offense would have been committed, but for intervention by some external factor not in the control of the defendant, such as being stopped by law enforcement. In United States v. Mandujano (1974) the court wrote that under the probable desistance test, "the conduct constitutes an attempt if, in the ordinary and natural course of events, without interruption from an outside source, it will result in the crime intended". (en)
dbo:wikiPageID
  • 52436944 (xsd:integer)
dbo:wikiPageLength
  • 1076 (xsd:nonNegativeInteger)
dbo:wikiPageRevisionID
  • 1120350796 (xsd:integer)
dbo:wikiPageWikiLink
dbp:wikiPageUsesTemplate
dcterms:subject
rdfs:comment
  • The probable desistance test is a standard for distinguishing between preparation and attempt in a criminal case. Under this standard, a person is guilty of attempt if they intended to commit a crime and acted in such a way that the offense would have been committed, but for intervention by some external factor not in the control of the defendant, such as being stopped by law enforcement. (en)
rdfs:label
  • Probable desistance test (en)
owl:sameAs
prov:wasDerivedFrom
foaf:isPrimaryTopicOf
is dbo:wikiPageRedirects of
is dbo:wikiPageWikiLink of
is foaf:primaryTopic of
Powered by OpenLink Virtuoso    This material is Open Knowledge     W3C Semantic Web Technology     This material is Open Knowledge    Valid XHTML + RDFa
This content was extracted from Wikipedia and is licensed under the Creative Commons Attribution-ShareAlike 3.0 Unported License