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Risk and Inchoate Crimes: Retribution or Prevention?Larry AlexanderUniversity of San Diego School of Law Kimberly Kessler FerzanRutgers, The State University of New Jersey - School of Law - Camden September 8, 2011 SEEKING SECURITY: PRE-EMPTYING THE COMMISSION OF CRIMINAL HARMS, Forthcoming San Diego Legal Studies Paper No. 11-064 Abstract: In this book chapter we give a definition of inchoate crimes and argue that inchoate crimes, so defined, are not culpable and do not deserve punishment. Our argument against the culpability of inchoate crimes is based on several points: the ability of the actor who intends a future act that might be culpable if performed to change his mind prior to the act’s performance; the conditionality of all future-oriented intentions; uncertainty regarding the culpability-enhancing or culpability-mitigating circumstances that will exist at the future time of performance; and the roles of vacillation and duration in assessing culpability. We argue that punishment for inchoate crimes should be regarded as preventive rather than retributive.
Number of Pages in PDF File: 28 Keywords: risk, culpability, inchoate crimes, prevention JEL Classification: K10 Accepted Paper SeriesDate posted: September 9, 2011Suggested CitationContact Information
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