Criminal Attempts and the Role of Resulting Harm Under the Code, and in the Common Law

• NCJ Number: 113866
• Journal: Rutgers Law Journal Volume: 19 Issue: 3 Dated: (Spring 1988) Pages: 725-772
• Author(s): A Ashworth
• Date Published: 1988
• Length: 48 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This study focuses on the law of attempted crime provisions of the Model Penal Code and on British legislation such as the Criminal Attempts Act of 1981.

Abstract

Attempted crime is contrasted with mere preparation and it is argued that the fact that the intent is not carried out because of luck, chance, or misjudgment does not diminish culpability. Issues discussed include criminal punishment for attempted versus completed crimes and for abandoned versus unsuccessful crimes. It is suggested that a sentencing system should ensure that the proper moral and social distinctions are reflected in a sentence, especially the difference between complete and incomplete attempts and that minor crimes should be dealt with by using a non-criminal sanction. Any future revision of the Model Penal Code should explore in an unbiased way the relative merits of the ranking of harms and the role of the general part of the criminal law. 184 footnotes.