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Judge Posner on the ?Substantial Step? Requirement of Criminal Attempt

By Douglas A. Berman

Although unrelated to sentencing, yesterday?s decision by Judge Richard Posner includes a noteworthy (and literary) discussion of what is required to convict an individual of criminal attempt.  In United States v. Gladish, the Seventh Circuit overturned the conviction of a 35-year-old man caught trying to solicit sexually a ?14-year-old girl? (who was actually a government agent), but who never moved beyond speaking to the ?minor? over the Internet.  In classic Posner prose: You are not punished just for saying that you want or even intend to kill someone, because most such talk doesn?t lead to action. You have to do something that makes it reasonably clear that had you not been interrupted or made a mistake?for example, the person you thought you were shooting was actually a clothier?s manikin?you would have completed the crime...continue to full post

Full post as published by Sentencing Law and Policy on August 01, 2008 (boomark / email).