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Probable Desistance Test

6 October, 2015 - 16:02

The probable desistance test examines hofathe defendant has progressed toward commission of the crime, rather than analyzing homucthe defendant has left to accomplish. Pursuant to this test, a defendant commits attempt when he or she has crossed a line beyond which it is probable he or she will not desist unless there is an interruption from some outside source, law enforcement, or circumstances beyond his or her control. 1