Guiding Commitments and Criminal Liability for Attempts

Citation

Duff RA (2012) Guiding Commitments and Criminal Liability for Attempts. Criminal Law and Philosophy, 6 (3), pp. 411-427. https://doi.org/10.1007/s11572-012-9170-0

Abstract
The" Guiding Commitment View" is central to Yaffe's account of attempts in general, and of criminal attempts in particular. I argue, first, that it is too wide, since it does not provide a plausible distinction between attempts and "mere preparation"; second, that on the other hand Yaffe does not do enough to justify a law of criminal attempts, rather than a broader law that would also cover endangerment; and third, that the Guiding Commitment View cannot deal with some difficult issues about the circumstantial aspects of criminal attempts.

Keywords
Yaffe; Criminal attempts; Guiding commitment view; Attempts and mere preparation; Attempts and endangerments; Circumstantial aspects of attempts

Journal
Criminal Law and Philosophy: Volume 6, Issue 3

• Duff Yaffe.pdf