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Criminal Attempts$
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R. A. Duff

Print publication date: 1997

Print ISBN-13: 9780198262688

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262688.001.0001

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Towards an Objectivist Law of Attempts

Towards an Objectivist Law of Attempts

Chapter:
(p.348) 13 Towards an Objectivist Law of Attempts
Source:
Criminal Attempts
Author(s):

R. A. Duff

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262688.003.0013

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

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