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19 Rutgers L.J. 725 (1987-1988)
Criminal Attempts and the Role of Resulting Harm under the Code, and in the Common Law

handle is hein.journals/rutlj19 and id is 735 raw text is: CRIMINAL ATTEMPTS AND THE ROLE OF RESULTING HARM UNDER THE CODE, AND IN THE COMMON LAW Andrew Ashworth* I. INTRODUCTION ...................................... 726 II. ATTEMPTS: THE MODEL PENAL CODE AND ENGLISH LAW C ONTRASTED ................................... 729 III. WHY HAVE INCHOATE CRIMES? ...................... 733 IV. THE PUNISHMENT OF ATTEMPTED CRIMES: How MUCH? 738 A. Incomplete Attempts ........................ 739 B. Complete Attempts ......................... 741 V. SOME QUALIFYING PRINCIPLES .................... 744 A. Vindicative Satisfaction or Profit Deprivation... 744 B. Frugality and Parsimony in Punishment ....... 746 C. Public Opinion and the Principles of Everyday Life 748 D . Conclusions ................................ 749 VI. THE CONDUCT ELEMENT IN ATTEMPTS ............... 750 VII. THE FAULT ELEMENT IN ATTEMPTS .................. 754 VIII. IMPOSSIBILITY IN ATTEMPTS .......................... 757 IX. RESULTING HARM AND CRIMINAL LIABILITY ........ 764 X. OBJECTIONS TO THE INCHOATE MODE OF DEFINITION. 767 XI. CONCLUSIONS: HARM AND RESULTING HARM ........ 770 In his biographical tribute to Professor Herbert Wechsler a few years ago, Sir Leon Radzinowicz opened with these two sentences: Herbert Wechsler was born on December 4, 1909. It was a good time to be born.' * LL.B. 1968, University of London; B.C.L. 1970, Oxford University; Ph.D. 1973, University of Manchester. Former Lecturer and Senior Lecturer of University of Manchester (1970 to 1978). Fellow of Worcester College, Oxford University since 1978. Editor, Criminal Law Review, and author of SENTENCING AND PENAL POLICY (1983). An earlier draft of this article was presented at A Conference Celebrating the 25th Anniversary of the Model Penal Code, sponsored by Rutgers University School of Law- Camden and the American Law Institute and held November 5-7, 1987 at Rutgers Law School, Camden, New Jersey. 1. Radzinowicz, Herbert Wechsler's Role in the Development of American Criminal Law and Penal Policy, 69 VA. L. REV. 1 (1983).