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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

At 3:10 a.m., Mila plans to rob a jewelry shop in a busy district. She hides behind a parked car across the street, uses a crowbar to pry open the back door, enters the shop, and begins to remove jewelry from the display. A security guard hears noise and triggers an alarm; Mila is arrested inside the shop before she can remove any items. Which statement is correct regarding Mila's liability for attempted robbery and the rule on when an attempt exists and what constitutes an overt act? Apply the rule to the facts and indicate the applicable penalty.

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Mila should be charged with both attempted robbery and attempted burglary; the offenses can be counted separately. Mila is liable for attempted robbery; the overt acts breaking the back door, entering the shop and commencing removal constitute execution; the attempt exists; the penalty is the penalty next lower than robbery. The acts of breaking in are only preparatory steps and do not amount to an overt act; there must be direct movement toward consummation of the crime. Since the shop was already broken into and the attempt was interrupted by an alarm, there is no attempt due to impossibility.

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