Chapter

Towards an Objectivist 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/9780198262688.003.0013

Series: Oxford Monographs on Criminal Law and Justice

Towards an Objectivist Law of Attempts

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This chapter argues in favour in the objectivist view of the law of attempts. It suggests that liability in criminal attempts should significantly be based on the objective, or the actual results, of the defendants' actions and on their actual relationship to the material and social world. It provides a tentative draft of a criminal attempts statute that covers attempts by omission, division of tasks between judge and jury, unjustified acquittals on grounds of impossibility, and the punishment of attempts to a lesser degree than an actual crime.

Keywords: law of attempts; objectivism; criminal attempts; criminal liability; draft law; attempts by omission; acquittals; punishment

Chapter.  27367 words. 

Subjects: Criminal Law

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