Chapter

The Conduct Element in Attempts

R. A. Duff

in Criminal Attempts

Published in print January 1997 | ISBN: 9780198262688
Published online March 2012 | e-ISBN: 9780191682384 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262688.003.0002

Series: Oxford Monographs on Criminal Law and Justice

The Conduct Element in Attempts

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This chapter examines the conduct element in criminal attempts. It attempts to answer the question about what kind of act is required and how far must the intending criminal have progressed in actualizing the intention in order to establish criminal liability. It evaluates several types used in distinguishing attempts from conduct falling short of an attempt. These include the ‘first’ and ‘last act’ test and Salmond's unequivocality test. This chapter provides examples of different conceptions of criminal attempts and discusses the relevance of voluntary abandonment.

Keywords: criminal attempts; conduct element; criminal liability; Salmond's test; unequivocality test; voluntary abandonment

Chapter.  21642 words. 

Subjects: Criminal Law

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