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Casebook Read Credits
Criminal Law
Section 5 . 2
1 hour

Attempt

Sam Kamin,
Dana Lindenberg

Attempt, an “inchoate” offense, lies somewhere between merely thinking about committing a crime and successfully doing so. How far along this continuum should one have to proceed before her actions are deemed criminal? Furthermore, how should we think about culpability for attempt vis-a-vis culpability for the completed offense? If the defendant intended to cause a harm, and tried with all of her will to do so, why should we excuse her, even partially, if the desired harm fails to occur?

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