13 Pages Posted: 20 Apr 2015 Last revised: 25 Mar 2016
Date Written: April 18, 2015
Acts that are merely in preparation for the commission of a crime are not punished in many jurisdictions. This article provides a wrongful-imprisonment-cost-minimization based justification for this practice. It highlights that conceiving of sufficient proximity based on the trade-off between error-costs and deterrence-benefits may be a more useful alternative to conceptions that rely on physical or temporal proximity to define merely preparatory acts.
Keywords: Mere preparation, proximity, attempts, optimal punishment.
JEL Classification: K00, K14, K42
Suggested Citation: Suggested Citation