Case Brief – People V. Kimball
CRM 2244May 22, 2011People v. Kimball 311N.W 2d (1981 Mich. App)FactsIn early August1979, defendant, James Kimball, was charged with and convicted of attempted unarmed robbery. Later, he was sentenced to three to five year prison term. He appealed from his conviction, alleging that because he did not complete the robbery by voluntarily leaving before taking anything, he abandoned the crime and therefore a conviction could not be sustained. The trial court rejected his defense of voluntarily abandonment.Issue.The issue presented is whether the defendant should have been able to use voluntary abandonment as a defense to criminal attempt.Rule of LawThe general attempt statute, under which defendant was prosecuted, provides in part as follows:”Any person who shall attempt to commit an offense prohibited by law, and in such attempt shall do any act towards the commission of such offense, but shall fail in the perpetration, or shall be intercepted or prevented in the execution of the same, when no express provision is made by law for the punishment of such attempt, shall be punished * * *.” MCL 750.92; MSA 28.287.Conclusion of HearingThe Court of Appeals rules that Defendant should have been allowed to present the defense of voluntary abandonment. While involuntary abandonment of a crime is not a defense to attempt, a person who voluntarily renounces his criminal purpose can use the defense of abandonment. An individual who recognizes the wrongfulness of their actions and renounces their criminal enterprise in the early stages is not the danger to public safety that someone who proceeds their crime to completion is. The trial court decision was reversed and remanded.
Dissenting Judge Kallman believes that the defendant proceeded too far in the crime to argue voluntary abandonment, because he had already demonstrated intent and committed overt acts toward the crime.Young v. State 493 A.2d 352 (Md. 1985)FactsRaymond Alexander Young, also known as Morris Prince Cunningham and Prince Alexander Love, was found guilty by a jury in the Circuit Court for Prince Georges County of two crimes: (1) the attempted armed robbery of the manager of the Fort Washington, Md. branch of the First National Bank of Southern Maryland (the Bank) and (2) transporting a handgun. He was sentenced to 20 years on the attempt conviction and to a consecutive three year sentence on the handgun conviction. Procedural HistoryDefendant Raymond Alexander Young was charged and convicted before the Circuit Court for Prince George’s County of attempted armed robbery and he was sentenced to 20 years. He appealed the decision. The Court of Special Appeals affirmed the conviction and sentenced. The defendant petitioned for certiorari. The Maryland Court of Appeals affirmed his conviction.IssueBad thoughts do not constitute a crime, and so it is not enough that a person merely have intended and prepared to commit a crime. “There must also be an act, and not any act will suffice.” LaFave & Scott, supra, § 59, at 431. What act will suffice to show that an attempt itself has reached the stage of a completed crime?