Should the law really punish attempted crimes? Should those punishments differ from successful crimes?
Criminal punishment only inflicts damages on the criminal equall to the damage they inflicted on society. In an attempted crime, there is no damage so there should be no punishment.
We also need to define what an attempt is. If I create what I think is a poisonous drink and give it to you, but in fact it is harmless, did I attempt to murder you? There is no harm, but my dirty little secret is that I tried to kill you.
Poker players:: Should the law be based on the results of the act?
Any action we commit can have a variety of outcomes. Should the law look at the average result and punish based on that outcome? The maximum possible result? The 70th percentile? If we ignore the actual results what should our metric of punishment be?
Prior to the final act, there is no attempt. If I try to poision your drink, but I take it away before you drink it, I did not try to kill you. The crime was correctable and I corrected it. Had I been arrested beforehand, I should not be allowed to claim I was going to. But the act of reversing the act should be a defense to the crime.
Pre-crime
Criminal punishment only inflicts damages on the criminal equall to the damage they inflicted on society. In an attempted crime, there is no damage so there should be no punishment.
We also need to define what an attempt is. If I create what I think is a poisonous drink and give it to you, but in fact it is harmless, did I attempt to murder you? There is no harm, but my dirty little secret is that I tried to kill you.
Poker players:: Should the law be based on the results of the act?
Any action we commit can have a variety of outcomes. Should the law look at the average result and punish based on that outcome? The maximum possible result? The 70th percentile? If we ignore the actual results what should our metric of punishment be?
Prior to the final act, there is no attempt. If I try to poision your drink, but I take it away before you drink it, I did not try to kill you. The crime was correctable and I corrected it. Had I been arrested beforehand, I should not be allowed to claim I was going to. But the act of reversing the act should be a defense to the crime.
Pre-crime
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