Academic literature on the topic 'Inchoate offenses'

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Journal articles on the topic "Inchoate offenses"

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Molina, Fernando. "A Comparison Between Continental European and Anglo-American Approaches to Overcrimnialization and Some Remarks on How to Deal With it." New Criminal Law Review 14, no. 1 (January 1, 2011): 123–38. http://dx.doi.org/10.1525/nclr.2011.14.1.123.

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The article begins by briefly identifying what the overcriminalization problem means and how this problem is presented differently in continental European and Anglo-American law. Next is an attempt to summarize the causes of overcriminalization, distinguishing those causes that can be attributed to our own activity as specialists in criminal law from other unrelated causes. Some general proposals follow about what is within our grasp to do about overcriminalization and what goes beyond our competence. The first part thus provides the outlines of a general theory of overcriminalization. The second part offers a provisional three-step test to determine when it is justified to anticipate the intervention of the criminal law by making use of risk-creation offenses, such as, but not limited to, inchoate offenses, possession offenses, and offenses of belonging to criminal organizations.
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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 (August 15, 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 corporate structure of directors, officers or managers’ involvement in the CHRV and/or ICrC mens rea, inchoate crime and actus reus that will impute the PtCV’ effect on their liability. Under modern corporate practice, it is the corporate executives who hold management functions, not the board members. Because the term managing model is now an inaccurate description (especially over the last 25 years).</em>
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Khamala, Charles Alenga. "Oversight of Kenya’s Counterterrorism Measures on Al-Shabaab." Law and Development Review 12, no. 1 (January 28, 2019): 79–118. http://dx.doi.org/10.1515/ldr-2018-0010.

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Abstract Citing comparative US, UK and European jurisprudence, this article proposes a pre-inchoate offence to punish terror suspects at the African Court of Justice and Human Rights. It traces the Kenya government’s twenty-first-century responses to distorted jihad fundamentalism culminating in the current escalating pogroms. Coercive executive counterterrorism responses make exceptions to universal human rights enshrined under liberal democratic constitutions and international instruments. Yet the legality principle constrains the use of pre-inchoate offences. Hence civil society’s resistance delayed the enactment of Kenya’s Prevention of Terrorism Act. Moreover, the Constitutional Court subsequently struck out as ‘vague and ambiguous’ the Security Law (Amendment) Act’s substantive provision which ‘presumed criminal intent for encouraging terror’. Procedurally, another dilemma arises. This concerns whether it is possible for an international terror suspect to have a fair domestic trial. Although ‘limited executive measures’ require some individuals to trade off their own liberties to safeguard the security of others, due diligence can prevent torture or targeted killings. Instead, following Kenyan ‘Operation Linda Nchi’s’ pre-emptive strikes since 2011, Al-Shabaab’s retaliation arguably spiralled into increased violations of the core human right to life. Enacting pre-inchoate offences instead deems Islamist terrorists, particularly secondary offenders, as rational actors. Using a ‘reverse harm thesis’ to justify the education of pre-inchoate offenders, I argue that regional criminal trials of terror suspects constitute better ‘effective oversight’ on human rights violations than executive, legislative or domestic judicial responses. Invoking ‘concurrent responsibility’ to prosecute Al-Shabaab suspects before the ACJHR can therefore facilitate AMISOM’s dignified ‘exit’ strategy from Somalia.
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Abhishek Kumar Mishra. "Inchoate Crimes." Legal Research Development: An International Refereed e-Journal 1, no. I (September 30, 2016): 54–66. http://dx.doi.org/10.53724/lrd/v1n1.08.

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The Indian Penal Code punishes a person for criminal intimidation that “The thought of a man is not triable for the devil himself not the thought of a man.” But when this intent is expressed in words and can be inferred from his conduct, the person can be held criminally liable. It means the law only takes notice of an intention followed by some overt act.3, which is a mere expression of one’s intention to inflict punishment, loss or pain to another. Sometimes it amount to completed offence.4The third stage is the ‘stage of attempt.’ An attempt is an overt act towards the commission of an offence after the preparation is made. For example, if a man after having procured a loaded gun pursues his enemy, but fails to overtake him or is arrested before he is able to complete the offence or fires without effect; in all these cases the man is liable for an attempt to murder. But in another situation, if a person purchases and loads a gun with the evident intention of shooting his enemy, but makes no movement to use the weapon After the stage of contemplation the next stage is known as ‘the stage of preparation.’ It consists devising or arranging the means or measures necessary for the commission of the crime. Generally the preparation to commit an offence is not punishable. The one reason behind it is the difficulty in proving it and the other is to protect the suspected person from unnecessary harassment. But there are some exceptions to this general rule. In these exceptional cases the mere preparation to commit the offences are punished because they preclude the possibility of an innocent intention.
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Nowak, Paweł. "O SKUTKOWOŚCI PRZESTĘPSTW FORMALNYCH." Zeszyty Prawnicze 14, no. 1 (December 8, 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 consequential (inchoate) offences/crimes. The author concludes that in practice all offences and crimes have a consequence. If a state in which a specific danger has emerged may be treated as a criminal consequence, it should also be admissible to treat a state in which an abstract danger has been created as a criminal consequence. Viewed from this aspect, all crimes are formal; for instance incitement is committed the moment when its perpetrator addresses words encouraging the commission of a crime to another person.
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Baker, Dennis J. "Treason Versus Outraging Public Decency: Over-Criminalisation and Terrorism Panics." Journal of Criminal Law 84, no. 1 (October 9, 2019): 19–36. http://dx.doi.org/10.1177/0022018319879846.

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In this article, I shall try to outline some grounds for resisting enacting new treason-type offences. It shall be argued that an offence of treason based on the wrongness of ‘betrayal’ would add nothing extra to the protection that is already provided for in a plethora of terrorism offences that cover preparation, inchoate acts concerning terrorism as well as consummated terrorism attacks. I shall try to demonstrate that what supplies the normative case for criminalisation in these sorts of cases is culpability plus harm, not betrayal in itself. Betrayal is a minor aggravating feature that can be dealt with by sentencing judges. I also argue that there is no evidence that the sentences available in our terrorism legislation are not ample to deal with those who go abroad to fight in armed conflicts involving British forces. Finally, it is argued that while the common law offence of outraging public decency might plug gaps where returning Islamic State of Iraq and Syria brides make outrageous comments, it should be used only as a last resort when the speech involves hate speech of a serous kind.
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Child, JJ. "The structure, coherence and limits of inchoate liability: the new ulterior element." Legal Studies 34, no. 4 (December 2014): 537–59. http://dx.doi.org/10.1111/lest.12026.

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This paper explores the role of ulterior intention (and ulterior mens rea more generally) within the criminal law. Divided into three sections, we first question the role and location of ulterior mens rea within the offence elements of acts, circumstances and results. Concluding that such accommodation is conceptually unsound, we highlight the problems this has caused in the context of inchoate liability, where the separation of elements is now essential to the application of the law. Central to this discussion is the problematic attempts case of AG Ref (No. 3 of 1992) [1994] 1 WLR 409. We contend that best way forward is to recognise a new ulterior mens rea element. Such an element has the potential to maintain conceptual coherence between offence elements and resolve substantive problems arising in the context of inchoate liability, as well as creating a new method for limiting inchoate liability (and infinite inchoate liability) from the potential for over-criminalisation.
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Kamalova, Dildora. "Criminal legal characteristics of the stages of committing crime." Общество и инновации 1, no. 2 (November 18, 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 implement a single state policy in that respect. Although there isn’t a specific definition, article argues, it is appropriate to identify a precise definition, make a distinction of stages of crime from inchoated crime. This is important to the extent of gravity of crime and the fact that some of them might be inchoated offences
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Pelser, Caroline M. "Preparations to commit a crime The Dutch approach to inchoate offences." Utrecht Law Review 4, no. 3 (December 9, 2008): 57. http://dx.doi.org/10.18352/ulr.84.

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Child, JJ, and Adrian Hunt. "Mens rea and the general inchoate offences: another new culpability framework." Northern Ireland Legal Quarterly 63, no. 2 (March 5, 2020): 247–68. http://dx.doi.org/10.53386/nilq.v63i2.385.

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Dissertations / Theses on the topic "Inchoate offenses"

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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 relegating all other crimes to the purview of the civil law approach. The practical effect is a focus on the gravity of the substantive crime to which incitement attaches, rather than on the crucial role of incitement itself. This thesis will seek to elucidate the parameters of this debate with the aim of deconstructing and redrawing preconceived barriers in international criminal law.
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Boß, Hendrik. "Der halbherzige Rücktritt : zum Rücktritt des Alleintäters vom beendeten Versuch /." Berlin : Duncker & Humblot, 2002. http://www.gbv.de/dms/sbb-berlin/348523033.pdf.

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Simon, Joanna. "Preventive terrorism offences : the extension of the ambit of inchoate liability in criminal law as a response to the threat of terrorism." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:d60038d1-fc76-4845-8ea9-3f6e2c58129e.

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The aim of this thesis is to assess the justifications for various extensions of the criminal law introduced to combat terrorism, in particular those extensions that go beyond the existing remit of inchoate offences and extend liability to earlier acts and intentions. Its method is to begin by exploring the principles of criminal law theory that ought to apply to such extensions; to interrogate the definition of terrorism; and then to examine four recent classes of offence in counter-terrorism legislation that extend the criminal law beyond its legitimate boundaries. These offences are collectively referred to in this thesis as 'preventive terrorism offences' to reflect the fact that the primary rationale for their enactment is to prevent terrorism. The thesis concludes by assessing the place of these offences within the government's overall counter-terrorism strategy, focusing in particular on the Prevent leg of the strategy, which aims to reduce extremism and tackle the root causes of terrorism. The preventive terrorism offences display several very troubling features, most notably that they have the potential to criminalise non-wrongful conduct. It is argued that by virtue of their ability to criminalise non-wrongful conduct the offences under examination diminish the legitimacy and moral force of the criminal law. Furthermore, by extending inchoate liability to very remote acts of preparation, possession, encouragement, and association, the criminal law occupies the same operational space as measures under the Prevent strategy that are intended to be reintegrative. This overlap has the potential to render the offences counterproductive to the larger counter-terrorism endeavour by creating the perception that the Prevent strategy is in fact a covert surveillance mechanism to gather intelligence for future prosecutions. This perception leads to further mistrust and alienation of individuals and communities who feel disproportionately targeted by these measures. Thus, the offences not only offend criminal law principles and values, but also have the potential to offend the very preventive justification that is given for their enactment.
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Books on the topic "Inchoate offenses"

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

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Nazarenko, G. V. Neokonchennye prestuplenii︠a︡: Monografii︠a︡. Orel: Orlovskiĭ gos. tekhnicheskiĭ universitet, 2002.

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Sitnikova, A. I. Russkie kriminalisty o neokonchennykh vidakh prestupleniĭ: Monografii︠a︡. Moskva: Izdatelʹstvo "I︠U︡rlitinform", 2013.

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Milović, Marko. Krivično delo nedozvoljene polne radnje. Beograd: Glosarijum, 2006.

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Hustin-Denies, Nathalie. L' infraction inachevée en droit pénal comparé. Bruxelles: Bruylant, 1997.

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Kozlov, A. P. Uchenie o stadii͡a︡kh prestuplenii͡a︡. Sankt-Peterburg: I͡U︡rid. t͡s︡entr Press, 2002.

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

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

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Jareborg, Nils. Brottsbalken: Kap. 23-24 med mera. Uppsala: Iustus, 1985.

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Hornostaĭ, A. V. Kryminalʹna vidpovidalʹnistʹ za zamakh na zlochyn: Monohrafii︠a︡. Kharkiv: I︠U︡raĭt, 2013.

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Book chapters on the topic "Inchoate offenses"

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Nemeth, Charles P. "Inchoate Offenses." In Criminal Law, 534–59. 3rd ed. New York: Routledge, 2022. http://dx.doi.org/10.4324/9781003284178-10.

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Herring, Jonathan, and Marise Cremona. "Inchoate Offences." In Criminal Law, 323–41. London: Macmillan Education UK, 1998. http://dx.doi.org/10.1007/978-1-349-13561-5_18.

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Herring, Jonathan. "Inchoate offences." In Criminal Law, 343–63. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-47572-5_18.

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Herring, Jonathan. "Inchoate Offences." In Great Debates in Criminal Law, 160–79. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-47592-3_8.

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Cowley, Christopher, and Nicola Padfield. "Inchoate offences." In The Philosophy of Criminal Law, 65–77. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003351887-6.

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Cremona, Marise. "Inchoate Offences." In Criminal Law, 259–76. London: Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-19928-0_16.

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Herring, Jonathan. "Inchoate offences." In Criminal Law, 327–47. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60927-4_18.

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Storey, Tony, Natalie Wortley, and Jacqueline Martin. "Inchoate offences." In Unlocking Criminal Law, 601–38. 8th ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003326793-17.

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Thornton, James, Amanda Parker, and Orla Slattery. "Inchoate (attempted) offences." In Essential Criminal Law and Criminal Practice for SQE1, 129–38. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003384045-9.

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Herring, Jonathan. "Accomplices and inchoate offences." In Criminal Law, 104–20. 2nd ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003118831-5.

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