The Illustrated Guide to Criminal Law
Chapter 9: At Least You Tried
Attempt pg 21: Change of Heart
To have a valid abandonment defense, Maude needed to STOP having any intent to commit the crime, AND it has to have been of her own free will.
It doesn’t count if she changed her mind because she was afraid she’d get caught,
or because she couldn’t shoot straight,
or because she figured she’d wait until a better opportunity came along.
Abandonment means a complete change of heart.
Average Joe talking head
AVERAGE JOE
And again, it’s not a defense in places where the attempt line is drawn closer to the completed act.
By that point, what’s been done is serious enough that society won’t condone it, even if the person changes her mind later.
Curious. Outside of the US, but we in Austria draw the line very close to the completed act (do something immediately prior to completion, like aiming the gun) and we still have a abandonment defense.