'Thank God I Failed'

Abstract

This chapter takes up a well-worn question: does the fact of success or failure in a criminal attempt make any difference, in itself, to what the offender deserves by way of conviction and punishment? Alexander’s answer to this question is a firm “No,” backed up by some original arguments; my answer is “Yes,” and I support this answer by critically assessing Alexander’s arguments. In particular, I discuss some of the examples through which he hopes to prompt our intuitions in his favour; his arguments about “causal conundrums”; and the significance of the idea of a “moral ledger,” in which one’s moral credit and discredit is to be recorded. One important theme is the relief that a failed attempt might provoke in observers, or in a repentant attempter (“Thank God [you/I] failed,”)

Keywords: Alexander, criminal attempt, failure, moral ledger