Incapacitating Terrorism Through Legal Fight – The Need to Redefine Inchoate Offenses Under the Liberal Concept of Criminal Law
3 ALABAMA CL-CR L. REV. 87 (2012)
42 Pages Posted: 22 Nov 2015
Date Written: March 21, 2012
Abstract
Incapacitating Terrorism through Legal Fight – The Need to Redefine Inchoate Offenses under the Liberal Concept of Criminal Law: The present article proposes that the proper solution lies in the redefinition of inchoate offenses, so that they become legally consistent with the values of the modern democratic society and are capable of meeting its needs. The solution is not necessarily exclusive to the legal fight against terrorism, because criminal law theory is applicable to all offenses, including terrorist attacks but not limited to them. As a result, a redefinition of inchoate offenses will affect all offenses. The article begins by discussing the existing legal means available for factual incapacitation of terrorism. On that foundation, it examines the role of inchoate offenses in criminal law in the context of counter-terrorism, and proposes a redefinition of inchoate offenses as they apply to terrorism. Finally, it addresses the effect of such redefinition on offenses other than terrorist attacks.
Keywords: terrorism, criminal law, liberalism
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