Attractive Nuisance Doctrine
And to actually try to commit a crime and have the ability to do so. this means more than just thinking about doing a criminal act or planning it without overt action. it also requires the opportunity and ability. attempts can include attempted murder, attempted robbery, attempted rape, attempted forgery, attempted arson, and a host of other crimes. the person accused cannot attempt to commit murder with an unloaded gun or attempt rape over the telephone. the attempt becomes a crime in itself, and usually means one really tried to commit the crime, but failed through no fault of himself or herself. example: if a husband laces his wife’s cocktail with cyanide, it is no defense that by chance the intended victim decided not to drink the deadly potion. one defendant claimed he could not attempt rape in an old model a coupe because it was too cramped to make the act possible. the court threw out this defense. sometimes a criminal defendant is accused of both the crime (e.g. robbery) and the attempt in case the jury felt he tried but did not succeed.
