Physical proximity doctrine
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The physical proximity doctrine is a standard in criminal law for distinguishing between preparation and attempt.[1]: 683 "Physical" refers to the physical element of a criminal act (actus reus), as distinguished from the mental element of a guilty mind (mens rea). When a person makes preparation to commit a crime, and one of the preparatory acts is close or proximate to the completed crime, the preparation is considered to have merged into being an actual attempt.[1]: 683 The standard is not a clear bright line standard.[1]: 683 The closer the preparatory act is to the completed crime, the stronger the case for calling it an attempt.[1]: 683 The determination as to whether the standard has been met is a matter for the jury to determine.
References
[edit]- ^ a b c d Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, ISBN 978-1-4548-0698-1, [1]
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