[19980616]98-554_企图实施联邦犯罪：S、 171拟议的一般法规.pdf

1Misner, The New Attempt Laws: Unsuspected Threat to the Fourth Amendment, 33 Stan.L. Rev. 201, 207 (1981).2United States v. Stallworth, 543 F.2d 1038, 1040 (2d Cir. 1976). See also United States(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-554 AJune 16, 1998Attempt To Commit A Federal Crime: S. 171,A Proposed General StatutePaul S. Wallace, Jr.Specialist in American Public LawAmerican Law DivisionSummaryThere is no general federal statute proscribing criminal attempts; the federalcriminal statutes are written in such a manner so as to include only the attempt tocommit a specific substantive crime or substantive offense. Therefore, a specific intentcrime would require that the offender specifically intended to devise a scheme tocommit the crime. The government, on the other hand, must present proof byinferences from the circumstances that the offender possessed the specific intent tocommit the crime. This approach to the law has led to a patchwork of attemptstatutesleaving gaps in coverage, and failing to satisfactorily define exactly whatconstitutes an attempt in all circumstances. As introduced, S. 171 woul