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Relevant bibliographies by topics / Inchoate crimes

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Academic literature on the topic 'Inchoate crimes'

Author: Grafiati

Published: 4 June 2021

Last updated: 16 February 2022

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Journal articles on the topic "Inchoate crimes"

1

Alexander, Larry, and Kimberly D. Kessler. "Mens Rea and Inchoate Crimes." Journal of Criminal Law and Criminology (1973-) 87, no. 4 (1997): 1138. http://dx.doi.org/10.2307/1144017.

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Nowak, Paweł. "O SKUTKOWOŚCI PRZESTĘPSTW FORMALNYCH." Zeszyty Prawnicze 14, no. 1 (2016): 159. http://dx.doi.org/10.21697/zp.2014.14.1.06.

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CRIMINAL CONSEQUENCES OF FORMAL OFFENCESSummaryThe author discusses the concept of criminal consequence in Polish law. Debate is still going on in the theory and jurisdiction of Polish criminal law on whether a particular crime or offence should be classified as formal (przestępstwa formalne) or as consequential (przestępstwa skutkowe – viz. crimes/offences incurring criminal consequences; cf. inchoate crimes or offences). A point which turns out to be particularly problematic in this respect is the definition of criminal consequence, to enable a distinction to be drawn between formal and cons

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3

Agbor, Avitus Agbor. "The Problematic Jurisprudence on Instigation under the Statute of the ICTR: The Consistencies, Inconsistencies and Misgivings of the Trial and Appeal Chambers of the ICTR." International Criminal Law Review 13, no. 2 (2013): 429–72. http://dx.doi.org/10.1163/15718123-01302003.

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As affirmed by international instruments, instigation is a recognised mode of participation in international crimes. The UN Convention on the Prevention and Punishment of the Crime of Genocide made punishable the inchoate crime of direct and public incitement to commit genocide. The Statute of the International Criminal Tribunal for Rwanda (ICTR) imported this inchoate crime. Furthermore, it included instigation as a mode of participation under Article 6(1) (which would lead to the imposition of criminal responsibility for the crimes). This double appearance of instigation under the Statute of

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4

FYFE, SHANNON. "Tracking Hate Speech Acts as Incitement to Genocide in International Criminal Law." Leiden Journal of International Law 30, no. 2 (2017): 523–48. http://dx.doi.org/10.1017/s0922156516000753.

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AbstractIn this article, I argue that we need a better understanding of the theoretical underpinnings of the current debates in international law surrounding hate speech and inchoate crimes. I construct a theoretical basis for speech acts as incitement to genocide, distinguishing these speech acts from speech as genocide and speech denying genocide by integrating international law with concepts drawn from speech act theory and moral philosophy. I use the case drawn on by many commentators in this area of international criminal law, the trial of media executives for the roles they played in the

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Kamalova, Dildora. "Criminal legal characteristics of the stages of committing crime." Общество и инновации 1, no. 2 (2020): 233–44. http://dx.doi.org/10.47689/2181-1415-vol1-iss2-pp233-244.

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This article analyses the notion of stages of commiting a crime, its criminal-legal characteristics and the retrospective development of norms that criminalise offences.  In this regard, it illustrates the development of a theory and legislation. After a careful examination it is argued that there isn’t a specific definition of stages of crime. Furthermore, it problematises the need for a precise notion of the stages of crime and its distinct character from inchoated crimes. Because there is no united approach on the stages of crime, as well as, its internal division it is hard to implem

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6

Kristin Timmermann, Wibke. "Incitement in international criminal law." International Review of the Red Cross 88, no. 864 (2006): 823–52. http://dx.doi.org/10.1017/s1816383107000793.

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AbstractThe author critically analyses in this article the status of incitement in international criminal law. After a discussion of the relevant judgments by the Nuremberg Tribunal and related courts, including German de-Nazification courts, the travaux préparatoires of the Genocide Convention and the case-law of the International Criminal Tribunals, the international approach is criticized, particularly its practice of regarding only direct and public incitement to genocide as inchoate, whilst instigation generally is treated as not inchoate. The author recommends the adoption of an approach

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7

Konov, Joshua. "Piercing the Veil’s Effect on Corporate Human Rights Violations & International Corporate Crime (Human Trafficking, Slavery, etc)." Scholedge International Journal of Multidisciplinary & Allied Studies ISSN 2394-336X 3, no. 5 (2016): 83. http://dx.doi.org/10.19085/journal.sijmas030501.

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<em>This research particularly separates equity ownership from corporate decision makers and management in regard PtCV, considering the last two liable for their CHRV and/or ICrC’ mens rea (purpose, knowledge, recklessness, and negligence, however in “public welfare offenses, or vicarious Liability, or a defendant may be liable for international corporate crime absent any showing of mens rea), inchoate crime, and actus reus thus falling under the common, civil, criminal laws and torts. However the dividing corporate structures and seeking personal liability should depend from the corpora

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Pelser, Caroline M. "Preparations to commit a crime The Dutch approach to inchoate offences." Utrecht Law Review 4, no. 3 (2008): 57. http://dx.doi.org/10.18352/ulr.84.

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Wade, Clare. "Prevention of Harm—Legislative Strategies for Law Reform." Journal of Criminal Law 72, no. 3 (2008): 236–50. http://dx.doi.org/10.1350/jcla.2008.72.3.500.

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This article looks at the development of preventative civil measures with criminal sanctions and the ways in which they are influencing criminal law. It argues that serious crime prevention orders in Part 1 of the Serious Crime Act 2007 are a part of this trend and further, that they undermine traditional notions of due process. The provisions of Part 1 of the Serious Crime Act 2007 are contrasted with Part 2 of the Act. The article also argues that the new inchoate offence of encouraging and assisting crime and the Law Commission proposals for conspiracy will provide sufficient measures again

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Kupeshev, A. Sh, E. Turemuratov, Aigul Kuanyshevna Kupesheva, et al. "STALKING CLASSIFICATION INCHOATE CRIME IN RECOGNITION OF THREAT OF PURSUED LIFE AND HEALTH." Theoretical & Applied Science 41, no. 09 (2016): 156–58. http://dx.doi.org/10.15863/tas.2016.09.41.26.

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Dissertations / Theses on the topic "Inchoate crimes"

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Kuner, Janosch O. A. "The war crimes trial against German Industrialist Friedrich Flick et al - a legal analysis and critical evaluation." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1823_1363782732.

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<p>This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The&nbsp<br>proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialist

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2

Schuetze, Jennifer Johanna. "To cause or not to cause, that is the question : the prosecutorial standard for incitement at international criminal law." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82670.

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The prosecutorial standard for incitement is subject to different approaches in the common law and civil law traditions respectively. The most crucial difference lies in the role attributed to the result as a definitional element of the offence. While the civil law generally characterizes proof of results as a prerequisite to liability, the common law views it as significant but not determinative of guilt. This divergence is expounded at the international level, which condones both approaches with respect to different crimes, employing the common law approach only to genocide and relega

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Kuner, Janosch O. A. "The war crimes trial against german industrialis riedrich flick et al - a legal analysis and critical evaluation." Thesis, 2010. http://hdl.handle.net/11394/3442.

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This research paper is an analysis of the case United States v Flick et al which took place in 1947 in Nuremberg, Germany. Friedrich Flick, a powerful German industrialist, and several high ranking officials of his firm were tried by a United States military tribunal for war crimes and crimes against humanity committed during the Third Reich. The proceedings and the decision itself are the subject of a critical examination, including an investigation of the factual and legal background. The trial will be regarded in the historical context of prosecutions against German industrialists after Wor

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Books on the topic "Inchoate crimes"

1

Christie, Sarah. Inchoate crimes: Incitement, conspiracy and attempts in Scottish criminal law. W. Green/Sweet & Maxwell, 2001.

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2

Law Reform Commission of Canada. Secondary liability: Participation in crime and inchoate offences. Law Reform Commission of Canada, 1985.

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Secondary liability: Participation in crime and inchoate offences. The Commission, 1985.

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4

Fan zui shi xing xing wei zhuo shou yan jiu: Study on commence of perpetrating act of crime. Zhongguo ren min gong an da xue chu ban she, 2009.

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5

Nazarenko, G. V. Neokonchennoe prestuplenie i ego vidy. Osʹ-89, 2003.

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6

Fortson, Rudi. Blackstone's guide to the Serious Crime Act 2007. Oxford University Press, 2008.

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7

Commission, Great Britain Law. Criminal law: Codification of the criminal law : a report to the Law Commission. HMSO, 1985.

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8

Commission, Great Britain Law. Criminal law: Consent in the criminal law : a consultation paper. H.M.S.O., 1995.

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9

Criminal law: Consent and offences against the person : a consultation paper. The Commission, 1994.

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10

Commission, Great Britain Law. Criminal law: A criminal code for England and Wales. H.M.S.O., 1989.

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Book chapters on the topic "Inchoate crimes"

1

Werle, Gerhard. "G. Inchoate Crimes." In Principles of International Criminal Law. T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-559-9_14.

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2

Dubber, Markus D., Tatjana Hörnle, and Michael T. Cahill. "Inchoate Crimes." In The Oxford Handbook of Criminal Law. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199673599.013.0023.

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3

Tadros, Victor. "Intentions and Inchoate Wrongdoing." In Wrongs and Crimes. Oxford University Press, 2016. http://dx.doi.org/10.1093/acprof:oso/9780199571376.003.0016.

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4

Horder, Jeremy. "13. Inchoate offences." In Ashworth's Principles of Criminal Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198777663.003.0013.

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This chapter begins by explaining the concept of an inchoate or ‘incomplete’ offence. Such an offence may occur when D does all that he or she can do to commit the crime (such as shooting at the victim), but simply fails to bring about the outcome. Alternatively, such an offence may occur when D is still at the stage of preparation for committing the offence, but has come so close to committing it that it would be right to call the acts in question an ‘attempt’ in themselves. The chapter then discusses the justifications for penalizing attempts at crimes, the elements of criminal attempt, the justifications for an offence of conspiracy, the elements of criminal conspiracy, incitement, encouraging or assisting crime, voluntary renunciation of criminal purpose, the relationship between substantive and inchoate crimes, and the place of inchoate liability.

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5

Allen, Michael J., and Ian Edwards. "8. Inchoate offences." In Criminal Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198831938.003.0008.

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Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses inchoate crimes. A person does not break the criminal law simply by having evil thoughts. Where, however, a person takes steps towards effecting that plan to commit a substantive offence which is more than merely preparatory, he may in the process commit one of the inchoate crimes of attempt, conspiracy, or encouraging or assisting the commission of an offence. The chapter examines relevant offences in the Serious Crime Act 2007 concerning encouraging or assisting and the Act’s abolition of the offence of incitement. It outlines the legal protection from prosecution provided to particular vulnerable victims who might otherwise be liable for encouraging others to commit offences against them, such as some child victims of sexual offences. The chapter analyses the statutory offence of conspiracy and outlines common law offences of conspiracy to defraud and conspiracy to corrupt public morals or to outrage public decency. It examines the requirements for liability for attempt. The Law in Context feature examines critically the growing range of inchoate offences for terrorist offences.

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Allen, Michael J., and Ian Edwards. "8. Inchoate offences." In Criminal Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869931.003.0008.

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Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses inchoate crimes. A person does not break the criminal law simply by having evil thoughts. Where, however, a person takes steps towards effecting that plan to commit a substantive offence which is more than merely preparatory, he may in the process commit one of the inchoate crimes of attempt, conspiracy, or encouraging or assisting the commission of an offence. The chapter examines relevant offences in the Serious Crime Act 2007 concerning encouraging or assisting and the Act’s abolition of the offence of incitement. It outlines the legal protection from prosecution provided to particular vulnerable victims who might otherwise be liable for encouraging others to commit offences against them, such as some child victims of sexual offences. The chapter analyses the statutory offence of conspiracy and outlines common law offences of conspiracy to defraud and conspiracy to corrupt public morals or to outrage public decency. It examines the requirements for liability for attempt. ‘The law in context’ feature in this chapter examines critically the growing range of inchoate offences for terrorist offences.

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7

Allen, Michael J., and Ian Edwards. "8. Inchoate offences." In Criminal Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198788676.003.0008.

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Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses inchoate crimes. A person does not break the criminal law simply by having evil thoughts. Where, however, a person takes steps towards effecting that plan to commit a substantive offence, he may in the process commit one of the inchoate crimes of attempt, conspiracy, or encouraging or assisting the commission of an offence.

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8

Cassese, Antonio, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting. "11. Other modes of criminal liability and inchoate crimes." In Cassese's International Criminal Law. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199694921.003.0029.

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9

Gerhard, Werle, and Jeßberger Florian. "Ch.Two General Principles." In Principles of International Criminal Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198826859.003.0002.

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This chapter focuses on the general principles of international criminal law. It first develops a general theory of crimes under international law by considering the concept of crimes under international law as well as the context of organised violence. The structure of crimes under international law is also explored. Next, the chapter studies the material and mental elements of crimes under international law. Individual criminal responsibility and superior responsibility are also discussed, as are the grounds for excluding criminal responsibility. Next, the chapter covers inchoate crimes, omissions within the context of the ICC Statute, immunity, the multiplicity of offences, and finally, the requirements for prosecution.

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10

Ormerod, David, and Karl Laird. "11. Inchoate crime." In Smith, Hogan, & Ormerod's Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198807094.003.0011.

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Inchoate offences include attempts, conspiracies, and assisting and encouraging under the Serious Crime Act 2007. Creating inchoate offences is difficult because the conduct involved will tend to be far removed from the type of harm necessary to charge a person under the relevant substantive offence. The actus reus of inchoate offences can encompass a wide range of behaviour, such as ‘an agreement’ in conspiracy or mere words of encouragement in assisting and encouraging. Given the broad nature of the actus reus, inchoates must be kept within reasonable limits by requirements of serious mens rea. This chapter deals with inchoate offences and considers the limits on liability for attempts of conspiracy and other secondary liability. It also discusses jurisdictional issues, common law conspiracies, procedural issues relating to conspiracies, encouragement and assistance under the Serious Crime Act 2007, and the impossibility of committing an inchoate crime.

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