University of Tulsa College of Law TU Law Digital Commons Articles, Chapters in Books and Other Contributions to Scholarly Works 2004 Does Attempted Murder Deserve Greater Punishment than Murder? Moral Luck and the Duty to Prevent Harm Russell Christopher
[email protected] Follow this and additional works at: http://digitalcommons.law.utulsa.edu/fac_pub Part of the Law Commons Recommended Citation 18 Notre Dame J.L. Ethics & Pub. Pol'y 419 (2004). This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Articles, Chapters in Books and Other Contributions to Scholarly Works by an authorized administrator of TU Law Digital Commons. For more information, please contact
[email protected]. DOES ATTEMPTED MURDER DESERVE GREATER PUNISHMENT THAN MURDER? MORAL LUCK AND THE DUTY TO PREVENT HARM RUSSELL CHRISTOPHER* INTRODUCTION Does the commission of a consummated offense deserve more severe punishment than an attempt to commit the same offense that fails? Almost every jurisdiction world-wide punishes the attempt that succeeds more severely than the attempt that fails.' For example, murder is punished more severely than attempted murder.2 But perhaps a majority of criminal law theo- rists disagree with this punishment differential for consummated and inchoate offenses (the "PD"). 3 In what has been termed "the standard educated view,"4 successful attempts deserve no more punishment than unsuccessful attempts-murder deserves * Assistant Professor of Law, The University of Tulsa College of Law. I am indebted to George Fletcher, Ken Levy, Peter B. Oh, and Maria Pagano for their criticisms of earlier drafts of this Article.