Mere Preparation
Document Type
Article
Publication Date
9-2017
Journal Title
Review of Law & Economics
ISSN
1555-5879
DOI
10.1515/rle-2017-0006
Abstract
Acts that are merely in preparation for the commission of a crime are not punished in many jurisdictions. This article provides a wrongful-imprisonment-cost-minimization based justification for this practice. It highlights that conceiving of sufficient proximity based on the trade-off between error-costs and deterrence-benefits may be a more useful alternative to conceptions that rely on physical or temporal proximity to define merely preparatory acts.
First Page
20170006
Volume Number
14
Issue Number
2
Publisher
De Gruyter
Recommended Citation
Murat C. Mungan,
Mere Preparation,
14
Rev. L. & Econ.
20170006
(2017).
Available at:
https://scholarship.law.tamu.edu/facscholar/1855