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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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Why Have a Law of Attempts?

Why Have a Law of Attempts?

Chapter:
(p.128) 5 Why Have a Law of Attempts?
Source:
Criminal Attempts
Author(s):

R. A. Duff

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262688.003.0005

This chapter examines why there should be a general law of attempts for inchoate offences. It tries to answer the questions: why should the criminal law include inchoate offences, and why should criminal attempts be a central type of inchoate offence? It describes various types of inchoate offences, and primary and secondary harms, and analyses the justification of inchoate offences. The chapter explains that the extension of the law of attempts to cover inchoate crimes can be justified based on the principles of legislative and penal frugality.

Keywords:   law of attempt, inchoate offences, criminal law, legislative frugality, penal frugality

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