Punishment Of Attempts Research Articles

Wrongful convictions and the punishment of attempts

This article presents economic models of law enforcement where the punishment of attempts leads to an increased risk of wrongful convictions. Consideration of these risks weakens the case for punishing attempts. Specifically, attempts ought to be punished less frequently than suggested in previous literature, and even when the punishment of attempts is desirable, they typically ought to be punished less severely than accomplished crimes. Purely deterrence related rationales as well as rationales based on costs associated with wrongful convictions support this conclusion. The presence of wrongful conviction costs also implies that a degree of under-deterrence is optimal and that incomplete attempts ought to typically be punished less severely than complete attempts.

Type-I Errors and the Punishment of Attempts

This article presents economic models of law enforcement where the punishment of attempts leads to an increased risk of wrongful convictions. It shows that the case for punishing attempts becomes weaker once such risks are considered. Specifically, attempts ought to be punished less frequently than suggested in previous work, and even when the punishment of attempts is desirable, they typically ought to be punished less severely than accomplished crimes. Purely deterrence related rationales as well as rationales based on costs associated with wrongful convictions support this conclusion. The presence of wrongful conviction costs also implies that a degree of under-deterrence is optimal.

Moral Luck, Role-Based Ethics and the Punishment of Attempts

In most countries, failed criminal attempts are punished less severely than those that succeed. Many philosophers, including myself, have argued that differential punishment can be justified. However, in a recent paper, Hanna raises objections to defenses of differential punishment, claiming that such policy goes against our desert intuitions and also cannot be justified on utilitarian grounds. I argue in this paper that Hanna's desert-based and utilitarian objections can be undermined. Further, they are valid only within moral theories that take the agent to be an independent self, whose responsibility rests on his or her intentions and deliberations alone. However, differential punishment can be justified in a different kind of moral theory, in which there are good reasons to give luck a role to play.

Deterrence and the Punishment of Attempts

Deterrence and the Punishment of Attempts

Auctions, lotteries, and the punishment of attempts

Auctions, lotteries, and the punishment of attempts

Auctions, Lotteries, and the Punishment of Attempts

Auctions, Lotteries, and the Punishment of Attempts

The Punishment Of Attempts

The Punishment Of Attempts

Criminal Law. Punishment of Attempt as a Felony Held Barred by Legislative Designation of Unsuccessful Attempt as a Misdemeanor

Criminal Law. Punishment of Attempt as a Felony Held Barred by Legislative Designation of Unsuccessful Attempt as a Misdemeanor