Legal Definitions - probable-desistance test

The probable-desistance test is a common-law test used in criminal law to determine if a defendant has attempted to commit a crime. It focuses on whether the defendant has exhibited dangerous behavior indicating a likelihood of committing the crime.

An attempt is an act done with the intent to commit a crime but falls short of completing the crime. Under the Model Penal Code, an attempt includes any act that is a substantial step toward the commission of a crime. The probable-desistance test is one of several tests used to determine if an attempt has been made.

For example, if someone buys matches with the intent to burn a haystack, they have not committed an attempt. However, if they go to the stack and light one of the matches, their intent has developed into a criminal attempt.

The probable-desistance test looks at whether the defendant was likely to have stopped their attempt before completing the crime. If there is evidence that the defendant would have stopped, then they may not have committed an attempt.

Overall, the probable-desistance test is used to determine if a defendant has attempted to commit a crime by examining their behavior and likelihood of completing the crime.