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Principles and Values in Criminal Law and Criminal JusticeEssays in Honour of Andrew Ashworth$
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Lucia Zedner and Julian V. Roberts

Print publication date: 2012

Print ISBN-13: 9780199696796

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199696796.001.0001

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

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

Chapter:
(p.37) 3 Criminal Attempt, the Rule of Law, and Accountability in Criminal Law
Source:
Principles and Values in Criminal Law and Criminal Justice
Author(s):

Jeremy Horder

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199696796.003.0003

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

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