Law 5110 Study Guide - Quiz Guide: Common Law Offence, Actus Reus, Mens Rea
Document Summary
Keiler & d. roef - inchoate offences - attempt and preparation, introduction. Nowadays, the focus goes more and more to reduce the risk of harm - to prevent rather than retaliate. Inchoate offence - committed offences, although the substantive offense is not completed and no harm has emerged - a concrete victim is lacking: two patterns of criminality - two ways of looking at inchoate offences. Manifest criminality reflecting a harm-centered conception of crime. Intent only subsidiary position - there is a criminal wrong even without intent; Inchoate offences: only when actor comes close to bringing about tangible harm or evil; Narrower scope than subjective, as nowadays the law moves away from this approach. Subjective criminality reflecting a culpability-centered conception of crime. Emphasis on actor"s intention to harm legally protected interests - such people are dangerous and therefore deserve punishment. Any conduct that shows willingness to act on criminal intentions is enough to be liable - subjective culpability decisive.
