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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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‘Impossible Attempts’

‘Impossible Attempts’

Chapter:
(p.76) 3 ‘Impossible Attempts’
Source:
Criminal Attempts
Author(s):

R. A. Duff

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262688.003.0003

This chapter examines the impossibility issue in criminal attempts, or the so-called ‘impossible attempts’. It describes three paradigm examples of attempts that the courts have sometimes held to be not constituting a criminal attempt. These include present or apparent impossibilities, missing victims, and legal impossibility. According to the 1981 Act in Great Britain and the Model Penal Code, the only kind of impossibility which precludes attempt liability is legal impossibility, or mistake of law.

Keywords:   criminal attempt, impossibilities, legal impossibility, missing victims, legal mistake

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