Is the court using its judgment to replace that of the drafters of the statute?
After reading “For Purposes of Criminal Attempt…,” please answer the following questions. Do you agree that the girls had taken a substantial step toward the commission of a targeted offense? What test does the court establish for Tennessee to determine whether a substantial step has been taken? Would your answer be different if Tennessee used the last-step test or the physical proximity test? If so, how? Do you think that the court, in using common law rules of construction, modifies the legislative enactment? Is the court using its judgment to replace that of the drafters of the statute? Explain your answer.