Also known as: abandonment doctrine · abandonment
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A rule governing whether a defendant may escape liability for an inchoate offense by ceasing criminal efforts. Under the traditional common law approach the doctrine supplies no defense to attempt once an overt act has occurred. The Model Penal Code treats complete and voluntary renunciation as an affirmative defense when the actor's conduct would otherwise constitute an attempt.
A rule governing whether a defendant may escape liability for an inchoate offense by ceasing criminal efforts. Under the traditional common law approach the doctrine supplies no defense to attempt once an overt act has occurred. The Model Penal Code treats complete and voluntary renunciation as an affirmative defense when the actor's conduct would otherwise constitute an attempt.
Select any source to read its text and confirm it supports the definition.
Conduct by a parent that demonstrates relinquishment of parental rights and responsibilities. Such conduct may eliminate the need for that parent's consent to adoption and may extinguish an unmarried biological father's constitutionally protected opportunity to develop a relationship with the child.
Select any source to read its text and confirm it supports the definition.
Voluntary relinquishment of a property interest or use right. In land-use regulation the doctrine may terminate a vested right to continue a nonconforming use. In landlord-tenant law an owner's acceptance of a tenant's abandonment offer terminates the lease and limits the tenant's remaining liability.
Select any source to read its text and confirm it supports the definition.
Conduct by a parent that demonstrates relinquishment of parental rights and responsibilities. Such conduct may eliminate the need for that parent's consent to adoption and may extinguish an unmarried biological father's constitutionally protected opportunity to develop a relationship with the child.
Voluntary relinquishment of a property interest or use right. In land-use regulation the doctrine may terminate a vested right to continue a nonconforming use. In landlord-tenant law an owner's acceptance of a tenant's abandonment offer terminates the lease and limits the tenant's remaining liability.
Each sense below has its own examples, sources, and questions.
Daniel Diaz mixed a restricted pesticide into grain and carried the bucket toward the cattle pens with intent to poison the herd. A supervisor intercepted him just outside the pen after Diaz had already adjusted the feeder timer. Because Diaz had completed an overt act, his later decision to dump the grain could not negate attempt liability under the common law rule.
Diane Dawson loaded a backpack with tools from a communal bin and walked thirty feet toward the exit intending to keep them permanently. Before reaching the gate she returned the tools to the bin and left the site. Under the Model Penal Code her complete and voluntary abandonment before the crime was completed provided an affirmative defense to attempt.
Under the traditional common law rule, abandonment supplies no defense once the defendant has performed an overt act with the required intent. The later change of heart cannot erase the completed attempt.
Supporting sources
The MPC recognizes an affirmative defense when the actor abandons the effort under circumstances manifesting a complete and voluntary renunciation of criminal purpose. Renunciation motivated by increased risk of detection or by a decision to postpone the crime is neither complete nor voluntary.
Supporting sources
Damian Decker never registered with the putative father registry, paid support, or visited his newborn after learning of the pregnancy. The mother consented to adoption by a third party. Because Decker's inaction constituted abandonment, the court waived his consent after notice and hearing and granted the adoption petition.
Delilah Duran gave birth after a brief relationship and placed the child for adoption. The biological father never lived with the child, paid support, or sought custody. Because he failed to manifest parental responsibility, the court held that he possessed no right to object to or veto the adoption.
Failure to register with the putative father registry, to provide support, to visit regularly, or to demonstrate willingness to assume custody shows abandonment. Such inaction extinguishes the constitutional opportunity to develop a relationship and removes any right to veto the adoption.
Supporting sources
Doris Duffy operated a machine shop on land later rezoned residential. After the business closed she removed all equipment and left the building vacant for the statutory period. The city revoked her right to resume the nonconforming industrial use because the prolonged discontinuance amounted to abandonment.
Destiny Davis vacated her apartment mid-lease and returned the keys to Dover Bank, the landlord. The bank accepted the keys and relet the unit to a new tenant. By accepting the offer of surrender inherent in the abandonment, the bank terminated the lease and released Davis from liability for future rent.
The tenant's departure constitutes an offer of surrender. If the landlord accepts that offer, the lease terminates and the tenant remains liable only for rent accrued before acceptance and for damage caused by the abandonment.
Supporting sources
…directly through laws that prohibit or compel specific religious practices, or indirectly through laws that, in effect, make abandonment of one’s own religion or conformity to the religious beliefs of others the price of an equal place in the civil community. As we explained in Thomas : “Where the state conditions receipt…