Mere Preparation

Mungan Murat C. ()
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Mungan Murat C.: George Mason University School of Law, Arlington, Virginia, USA

Review of Law & Economics, 2018, vol. 14, issue 2, 15

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.

Keywords: mere preparation; attempts; proximity; optimal punishment (search for similar items in EconPapers)
JEL-codes: K00 K14 K42 (search for similar items in EconPapers)
Date: 2018
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DOI: 10.1515/rle-2017-0006

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