Mens Rea and Criminal Attempt

Arnold N. Enker

Research output: Contribution to journalArticlepeer-review

6 Scopus citations


Intent to commit a crime has in recent times been used as a basis for assigning fault and making appropriate correctional decisions. The author defines attempt to commit a crime as “engaging in conduct with the specific intention to produce forbidden consequences while aware of the possibility that the circumstances that render such consequences criminal may exist.” The author develops and defends the thesis that inchoate crime is more than merely anticipatory guilt. Mens rea in inchoate offenses is not merely a condition of fault‐it is a component of the danger of criminal harm that determines the need for forceful intervention.

Original languageEnglish
Pages (from-to)845-879
Number of pages35
JournalLaw & Social Inquiry
Issue number4
StatePublished - Oct 1977


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