Chapter

Criminal Attempt, the Rule of Law, and Accountability in Criminal Law

Jeremy Horder

in Principles and Values in Criminal Law and Criminal Justice

Published in print August 2012 | ISBN: 9780199696796
Published online September 2012 | e-ISBN: 9780191742293 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696796.003.0003
Criminal Attempt, the Rule of Law, and Accountability in Criminal Law

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This chapter considers the challenges posed by applying core principles in the Ashworthian subjectivist tradition to inchoate liability. It examines, in particular, the significance of the principles of legality and maximum certainty for the criminalization of attempts. It explores Ashworth's concerns about the compatibility of criminal attempt with the rule of law, considers problems of vagueness in the definition of attempts, and how potential problems of accountability might be met by the use of guidelines.

Keywords: ashworthian subjectivist; liability; legality; maximum certainty; criminalization; rule of law; accountability

Chapter.  7519 words. 

Subjects: Criminal Law

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