9:32
[kevin oleary]
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Simple English definitions for legal terms
substantial-step test
Read a random definition: Department of Health and Human Services
A quick definition of substantial-step test:
A substantial-step test is a way to determine if someone is guilty of attempting to commit a crime. It looks at how much preparation the person made, their intent, and any statements they made. Attempting a crime means trying to do it, but not actually succeeding. The Model Penal Code says that attempting a crime includes doing something that is a big step towards committing the crime, like following the victim or going into a building where the crime is supposed to happen. Attempting a crime is different from actually committing the crime.
A more thorough explanation:
The substantial-step test is a legal concept used in criminal law to determine whether a person is guilty of attempting to commit a crime. It is based on the Model Penal Code and takes into account the extent of the defendant's preparation for the crime, the criminal intent shown, and any statements personally made that bear on the defendant's actions.
For example, if someone plans to rob a bank and buys a gun, this could be considered a substantial step towards committing the crime. However, if they only talk about robbing a bank but never take any action, this would not be considered a substantial step.
The substantial-step test is used to distinguish between preparation and attempt. Preparation is not a crime, but attempt is. Attempt is an inchoate offense that includes any act that is a substantial step towards the commission of a crime, such as lying in wait for the intended victim or unlawfully entering a building where a crime is expected to be committed.
Overall, the substantial-step test is an important legal concept that helps to determine whether someone is guilty of attempting to commit a crime.