NCJ Number
63990
Journal
Cenipec Revista Volume: 1 Dated: (1976) Pages: 11-41
Date Published
1977
Length
31 pages
Annotation
DRAWING FROM ITALIAN, SPANISH, AND VENEZUELAN STUDIES AND LEGAL DEFINITIONS, THIS ARTICLE DISCUSSES THE STAGES AT WHICH OBSERVABLE PREPARATIONS TOWARDS COMMISSION OF A CRIME FALL UNDER CRIMINAL LAW PROVISIONS.
Abstract
THE EXTENT TO WHICH AN ATTEMPTED CRIME IS LEGALLY PUNISHABLE DEPENDS ON THE ATTENDANT CIRCUMSTANCES AND MOTIVATIONS. THE STAGES OF A CRIME ARE GENERALLY MENTAL, VERBAL, AND EXTERNAL, OCCURRING IN THE MOMENT OF FORMULATION IN THE POTENTIAL OFFENDER'S MIND, IN THE EXPRESSION OF A PLAN TO COMMIT A CRIME, AND IN THE ACTUAL EXECUTION OF THE CRIME. ONLY OVERT ACTS FROM WHICH CRIMINAL INTENT CAN BE INFERRED BEYOND A REASONABLE DOUBT AND THOSE CLEARLY PROSCRIBED BY CRIMINAL LAWS CAN BE LEGALLY PUNISHABLE, BUT ABSOLUTE CRITERIA FOR RECOGNIZING THEM HAVE NOT YET BEEN ESTABLISHED. THE POSITIVIST SCHOOL OF CRIMINOLOGY CALLS FOR THE CRIMINALIZATION OF ATTEMPTED CRIMES ON THE BASIS OF THE OBVIOUSLY DANGEROUS PERSONALITY OF THE POTENTIAL OFFENDER. OTHERS SEE THE NATURE OF THE CIRCUMSTANCES WHICH PREVENT A CRIME FROM BEING CONSUMMATED AS THE DECISIVE FACTOR IN ESTABLISHING CRIMINAL RESPONSIBILITY. SUCH CIRCUMSTANCES CAN BE ACCEPTABLE WHETHER THE OFFENDER STOPS SHORT OF THE FINAL ACT OF HIS OWN FREE WILL (BECAUSE OF SPONTANEOUS REPENTANCE, AS DEFINED BY ITALIAN AND SPANISH CRIMINOLOGISTS) OR IS FRUSTRATED BY CIRCUMSTANCES INDEPENDENT FROM HIS WILL (AN ACT OF GOD, THE INTENDED VICTIM'S REISTANCE, OR POLICE INTERVENTION). --IN SPANISH. (LGR)