Chapter

The Intention in Attempt

Gideon Yaffe

in Attempts

Published in print November 2010 | ISBN: 9780199590667
Published online January 2011 | e-ISBN: 9780191595530 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199590667.003.0005
The Intention in Attempt

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This chapter explains what intention is needed to be committed to various features of a completed crime. The following results are reached: (1) Typically the defendant's intention need not commit him to the legal features of completion, such as the feature of being legally prohibited. (2) An intention to act as required for completion, but only an intention that the results of the completed crime obtain, is needed for an attempt. (3) Typically the defendant need not have an intention that commits him to being in the mental states involved in completion; the intention itself serves the purpose that the mental states involved in completion are to serve. (4) Foresight does not suffice for attempt, even though there are some defendants who act as badly as attempters when they foresee, but do not intend, components of completion. In this connection, the doctrine of double-effect is discussed.

Keywords: attempt; trying; intention; legal prohibition; foresight; double-effect

Chapter.  10306 words. 

Subjects: Moral Philosophy

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