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SINGAPORE JOURNAL OF LEGAL STUDIES

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    Punishment as Response to Harm: Why the Attempt Warrants Lesser Punishment Than the Completed Crime

    Citation: [2002] Sing JLS 604
    In this article, the author sets out the case for punishing a person who unsuccessfully attempts the commission of a criminal act to a lesser extent than one who actually completes the same act. A common objection to such a position is that one who attempts should not escape equal punishment on a mere quirk of fate, for it is this, in essence, that separates the attempter from the perpetrator of the completed crime. This objection is misconceived. The rationale behind laying down a lesser punishment for attempts lies not in surrendering what is really a normative judgment to the vagaries of luck, but in the fundamental reality that harmful consequences-which only manifest upon completion of a crime-form a basic part of the societal response and reaction mechanism that is our criminal justice system.
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