Physical proximity doctrine explained

The physical proximity doctrine is a standard in criminal law for distinguishing between preparation and attempt.[1] "Physical" refers to the physical element of a criminal act (actus reus), as distinguished from the mental element of a guilty mind (mens rea). When a person makes preparation to commit a crime, and one of the preparatory acts is close or proximate to the completed crime, the preparation is considered to have merged into being an actual attempt.[1] The standard is not a clear bright line standard.[1] The closer the preparatory act is to the completed crime, the stronger the case for calling it an attempt.[1] The determination as to whether the standard has been met is a matter for the jury to determine.

Notes and References

  1. Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder,, https://law.stanford.edu/publications/criminal-law-cases-and-materials-7th-edition/