Abstract / Description of output
Law-makers in many jurisdictions have recently created a range of new inchoate crimes: offences that aim to prevent an ultimate harm by criminalising conduct prior to the actual causing of that harm. Many observers have been worried by this development. They worry that these offences criminalise conduct that does not deserve conviction and punishment; that they are disproportionate in their impact on citizens and their liberties; and that their preventive aims would be better pursued outside the criminal law. This chapter asks whether these worries are persuasive. It does so by examining a range of inchoate crimes, including offences of attempt, endangerment, preparation, possession, and assistance and encouragement. It concludes that, while law-makers should be appropriately cautious about creating any criminal offence, there is no case for blanket scepticism about inchoate crimes.
|Title of host publication||The Palgrave Handbook of Applied Ethics and the Criminal Law|
|Editors||Larry Alexander, Kimberly Kessler Ferzan|
|Number of pages||22|
|Publication status||Published - 3 Dec 2019|