SELLING THE INCHOATE MODE

Do results matter in criminal law? Many say "No" and recommend redrafting crimes in "the inchoate mode". Others answer "Yes" and defend the division between complete and attempted offences. This paper considers a third (non-general) answer: "Sometimes". Could...

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Bibliographic Details
Published inSingapore journal of legal studies pp. 92 - 107
Main Author Stanton-Ife, John
Format Journal Article
LanguageEnglish
Published Singapore Singapore Journal of Legal Studies 01.03.2025
Subjects
Crime
Criminal law
Fraud
Murders & murder attempts
Offenses
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ISSN0218-2173

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Summary:Do results matter in criminal law? Many say "No" and recommend redrafting crimes in "the inchoate mode". Others answer "Yes" and defend the division between complete and attempted offences. This paper considers a third (non-general) answer: "Sometimes". Could it be that in some contexts results matter significantly more than in others? Murder and fraud are contrasted; while the former appears to be a "hard sell" for the inchoate mode, the latter has, at least in one major jurisdiction, passed into law and bedded down with apparent ease. Perhaps results matter in murder in a way they do not in fraud. Two contrasts are drawn, first that murder is a "horrific crime", while fraud is not, and secondly, that the core of the wrong of kinds of fraud might be contained in the attempt. Maybe the mistake is to seek for a general answer to the question of whether results matter.
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ISSN:0218-2173