(DOWNLOAD) "People State New York v. Melvin Dlugash" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Melvin Dlugash
- Author : Court of Appeals of New York
- Release Date : January 12, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
[41 N.Y.2d 725 Page 726] The criminal law is of ancient origin, but criminal liability for attempt to commit a crime is comparatively recent. At the root of the concept of attempt liability are the very aims and purposes of penal law. The ultimate issue is whether an individual's intentions and actions, though failing to achieve a manifest and malevolent criminal purpose, constitute a danger to organized society of sufficient magnitude to warrant the imposition of criminal sanctions. Difficulties in theoretical analysis and concomitant debate over very pragmatic questions of blameworthiness appear dramatically in reference to situations where the criminal attempt failed to achieve its purpose solely because the factual or legal context in which the individual acted was not as the actor supposed them to be. Phrased somewhat differently, the concern centers on whether an individual should be liable for an attempt to commit a crime when, unknown to him, it was impossible to successfully complete the crime attempted. For years, serious studies have been made on the subject in an effort to resolve the continuing controversy when, if at all, the impossibility of successfully completing the criminal act should preclude liability for even making the futile attempt. The 1967 revision of the Penal Law approached the impossibility defense to the inchoate crime of attempt in a novel fashion. The statute provides that, if a person engages in conduct which would [41 N.Y.2d 725 Page 727]
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