physical proximity doctrine

{{single source|date=August 2019}}

The physical proximity doctrine is a standard in criminal law for distinguishing between preparation and attempt.Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, {{ISBN|978-1-4548-0698-1}}, [https://law.stanford.edu/publications/criminal-law-cases-and-materials-7th-edition/]{{rp|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.{{rp|683}} The standard is not a clear bright line standard.{{rp|683}} The closer the preparatory act is to the completed crime, the stronger the case for calling it an attempt.{{rp|683}} The determination as to whether the standard has been met is a matter for the jury to determine.