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Renouncing the attempt versus perpetration distinction.

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  • 1Faculty of Law and Administration and Jagiellonian Centre for Law, Language and Philosophy, Jagiellonian University, Krakow, Poland.

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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.

Keywords:
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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.