ABSTRACT
This chapter discusses the inchoate offense of attempt liability, in which someone may be found blameworthy for their actions despite not completing an offense. The chapter begins with the case of H.M. Wooldridge, who nearly had sex with an underage girl but was not found liable for criminal attempt. The chapter then discusses the case of Blaec Lammers, a teenage boy with a fascination for mass shootings, who purchased guns and planned an attack at a local Walmart and was found guilty of attempted first-degree assault. The chapter reveals that the differences in these case outcomes are the result of two different mechanisms used for determining attempt liability: the “proximity” test and the “substantial-step” test, which is reflected in the Model Penal Code. The chapter also examines the case of Gilberto Valle, a police officer who surveilled various women, wrote stories involving their torture, murder, and cannibalism, and even communicated with another man about a kidnapping plot. While he was originally convicted, a court of appeals found that his fantasies did not actually amount to attempt liability. The chapter uses these cases to discuss the state diversity in attempt liability requirements.
