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Renouncing the attempt versus perpetration distinction
1Faculty of Law and Administration and Jagiellonian Centre for Law, Language and Philosophy, Jagiellonian University, Krakow, Poland.
Synthese
|January 16, 2023
Summary
Legal luck challenges criminal law principles by linking responsibility to outcomes, not just intent. Experiments reveal that outcome-dependent defenses, like the renunciation defense, are perceived as unjust.
Area of Science:
- Criminal Law
- Moral Philosophy
- Psychology
Background:
- Criminal law principles emphasize perpetrator's mental state over action outcomes.
- The distinction between criminal attempt and perpetration is challenged by the concept of legal and moral luck.
- The renunciation defense, allowing withdrawal from criminal intent, is often outcome-dependent.
Purpose of the Study:
- To investigate the perceived fairness of outcome-dependent legal defenses.
- To examine the implications of outcome luck on the attempt versus perpetration distinction.
- To analyze the justice of the renunciation defense's availability being contingent on the outcome.
Main Methods:
- Conducted a series of experiments with 479 participants.
- Assessed participants' perceptions of justice regarding outcome-dependent legal scenarios.
- Analyzed the relationship between outcome luck and the justification of legal distinctions.
Main Results:
- Participants perceived the outcome dependence of the renunciation defense as unjust.
- Experimental findings highlight inconsistencies in legal responsibility ascriptions.
- The study provides empirical evidence on the subjective experience of legal luck.
Conclusions:
- The availability of the renunciation defense should not be solely outcome-dependent to align with principles of justice.
- Outcome luck significantly impacts the perceived fairness of criminal law, particularly concerning attempt and perpetration.
- Further legal and philosophical consideration is needed to address the influence of luck in criminal responsibility.
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