Monday, December 23, 2019

Criminal Law Does Not Punish People For Commit A Crime

CRIMINAL ATTEMPT:::: Introduction: Criminal law does not punish people for aiming to commit a crime, but it identifies that conduct intended at committing a crime may be just as to blame if it fails to reach its aims as if it had been successful. Hence, the offence of attempt existed at common law but it is now regulated by statute, the Criminal Attempts Act 1981. ACTUS REUS OF ATTEMPT The 1981 Act imposes liability on those who do an act which is more than merely preparatory to the commission of the offence. Although the jury must decide whether there is evidence on which a jury could find that there has been such an act, the test of whether the defendant’s acts have gone beyond the merely preparatory stage is essentially a question of fact for the jury S.4(3) of the 1981 Act. Furthermore, an offender may be guilty of attempting to commit a particular offence where he does not complete the full offence, but has taken sufficient steps for his conduct to be classed as criminal by law. An attempt is a statutory offence and is charged under S.1 (1) of the Criminal Attempts Act 1981. Which stated that â€Å"a defendant is guilty of attempting to commit an offence if the defendant take steps which are more than merely preparatory towards the commission of that offence’’. S.1 (4) of the Act also stated that, â€Å"a defendant may only be convicted under the Act of an Attempt of an indictable offence (i.e, an indictable only offence or an offence or an offence triable either way). AShow MoreRelatedIs life in prison without parole better than the death penalty?812 Words   |  4 Pagesserves is retribution and revenge. Many believe that this is the right way to punish criminals in society, although there are many faults with capital punishment as w ell. Those faults consist of errors in the system, state costs, and the risks of executions of innocent people. 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