Physical proximity doctrine

The physical proximity doctrine is a standard in criminal law for distinguishing between preparation and attempt.:683 "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.:683 The standard is not a clear bright line standard.:683 The closer the preparatory act is to the completed crime, the stronger the case for calling it an attempt.:683 The determination as to whether the standard has been met is a matter for the jury to determine.

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