Legal Definitions - res ipsa loquitur test

The term res ipsa loquitur test is derived from a Latin phrase meaning "the thing itself speaks." In criminal law, this test is used to determine whether a person's actions have progressed beyond mere preparation for a crime and constitute an actual attempt to commit it.

The core idea is whether an objective observer, witnessing the defendant's actions, would clearly and unambiguously understand what crime the defendant intended to commit, without needing any additional explanation or context. If the actions themselves "speak for themselves" about the criminal intent, then an attempt has likely occurred.

• Example 1: Attempted Burglary

  Imagine a person is observed late at night, dressed in dark clothing, using a crowbar to force open the back door of a closed jewelry store. The individual has not yet entered the store or taken anything.

  Explanation: Applying the res ipsa loquitur test, a reasonable observer would conclude from these actions alone that the person is attempting to commit burglary. The act of prying open a secure door with a tool, especially at night and at a business, clearly indicates an intent to unlawfully enter and steal, rather than, for example, merely inspecting the door or trying to fix it. The actions themselves reveal the criminal purpose.

• Example 2: Attempted Arson

  Consider a situation where an individual is seen pouring gasoline from a container onto the exterior wall of a building, then pulls out a lighter and flicks it several times, attempting to ignite it, but fails because the lighter is out of fluid.

  Explanation: An objective witness to these actions would have no doubt that the individual was attempting to set the building on fire. The act of dousing a structure with an accelerant and then trying to ignite it, even if unsuccessful, clearly communicates the intent to commit arson. The "thing itself speaks" to the criminal objective.

• Example 3: Attempted Robbery

  Suppose a person enters a bank, approaches a teller, pulls out a realistic-looking toy gun, points it directly at the teller, and shoves a note across the counter that reads, "Put all the money in the bag." The teller, however, presses a silent alarm, and the person flees before receiving any money.

  Explanation: Even though no money was taken, the combination of entering the bank, brandishing a weapon (even if fake but realistic), pointing it at a teller, and presenting a demand note would unequivocally signal to any observer an attempt to commit robbery. The actions are so clear in their intent that they leave no room for alternative, innocent interpretations.