Impossible Attempts Essay Plan

Question 1

Argument

Answer 1

Maybe take the law commissions approach in proposing a new AR which involves more of a test based off conduct (LAST ACT) but would favour the subjective side in that we definitely need law of attempts to exist and that they are philosophically justified at least.

Question 2

Flow

Answer 2

Consider Objective

CRITIQUES

SUBJECTIVE

CRITIQUES

Question 3

Objective

Answer 3

Against the law of Attempts:

Objectivist - You get prosecuted for the same level of crime as one that has actually committed the crime, how is this fair?

Should focus on impact or harm

Retributivist -> Retributivism is a theory of justice and punishment that emphasizes the idea of giving people what they deserve based on their actions, particularly in the context of criminal justice

(This applies a lot to mainly Impossible attempts and think of the case of Shivpuri). This criminalises thoughts -> especially in borderline cases where belief is mistaken or dangerous)

Deprival of Autonomy -> Liberalism -> deprival of possibility to change the Course of action

Sullivan argues it criminalises thoughts

Fair Labelling - Ashworth -> harm was not done

Question 4

Counter to Objective

Answer 4

Fair Labelling - Ashworth -> harm was not done -> BUT COUNTER (THEY HAVE ATTEMPTED A CRIME THEY ARE NOT EXACTLY INNOCENT)

Counter -> Rebuttal recognises that some harm is actually caused to the victim (thing of cases like Dagnall) -> attempted rape cases can cause serious psychological harm

Question 5

Subjectivist

Answer 5

Subjectivist point of view

A person who intends to commit a crime and believes they are doing so is blameworthy as someone who succeeds

A person who intends murder but fails by luck? How is he any different to a true murderer? -> Duff + Gardner

It is permissible to render behaviour criminal on the ground that it is immoral - Lord Devlin: moral values are an indispensable part of the social fabric, immoral behavior could lead to society’s disintergration

-> I THINK THE CASE OF GEDDES WOULD SUPPORT THIS CASE

Policy Reasons

Efficiency (Ormerod)

Sanctity of life -> Gardner (do you really want to wait until the last possible moment) -> Jones 1990

Question 6

Criticisms of Subjectivist approach

Answer 6

Criticism on the subjective approach:

So yes, we have established that the objectivist approach is a bit flawed, but there are still some criticisms with the subjective approach

Lack of clarity in regards to what actually counts as an attempted offence -> TOSTI v TOOTHILL

This is especially dangerous with the subjective approach

This shows arbitrary inconsistencies