Attempt, Risk-Creation and Change of Mind: Reflections on Herzog

Abstract

Section I very briefly sketches an account of the nature of attempt developed at length elsewhere. The section also explains why, in light of the account of attempt described, Herzog has attempted murder. Section II explains why Herzog ought not to be held guilty of any crime of risk-creation. Section III turns to the question of abandonment and argues that Herzog deserves mitigation in his sentence in light of his change of mind, but does not deserve an affirmative defense.