Why Do We Punish Attempts: Examining Attempt Liability in Light of the Traditional Theories of Punishment?
A gun misfires. A vault is too heavy to carry. The drugs never make it across the border. All these are examples of when a crime comes precipitously close to occurring, but for whatever reason, the offender fails to complete the crime. In the United States, even though these offenders were unsuccessful, they can still be charged with an attempt. While determining what is considered an attempt by the criminal law remains hotly contested, a vital question persists, why do we even choose to punish individuals who commit attempts?