Chapter

Why Have a Law of 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/9780198262688.003.0005

Series: Oxford Monographs on Criminal Law and Justice

Why Have a Law of Attempts?

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This chapter examines why there should be a general law of attempts for inchoate offences. It tries to answer the questions: why should the criminal law include inchoate offences, and why should criminal attempts be a central type of inchoate offence? It describes various types of inchoate offences, and primary and secondary harms, and analyses the justification of inchoate offences. The chapter explains that the extension of the law of attempts to cover inchoate crimes can be justified based on the principles of legislative and penal frugality.

Keywords: law of attempt; inchoate offences; criminal law; legislative frugality; penal frugality

Chapter.  7672 words. 

Subjects: Criminal Law

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