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VOL. 5, ISSUE 2 (2023)
Inchoate offences and the infliction of criminal punishments in a state bound by the rule of law
Authors
Eleonu James, Adokiye Godwin Chamabila
Abstract
The troubled history of mankind beleaguered by wickedness in high
places and in consequences thereof, innocent people falling victims to a
situation they contributed nothing has demonstrated the imperative necessity of
attaining the high goal of justice in any system. The concept of inchoate
offences has been part of the system for a state bound by the rule of law. The
common law offence of incitement and statutory offences of conspiring and
attempt are known as inchoate offences, since they may be committed
notwithstanding that the substantive offence to which they relate is not
committed. Indeed, if the substantive offence is committed, no question of
attempt normally arises, and where there has been incitement, the person
inciting becomes a party as an accomplice to the substantive offence and is not
normally proceeded against for incitement. Conspiracy differs from the other
inchoate offences in that even where the conspirators have committed the substantive
offence, there are circumstances in which a change of conspiracy is appropriate
although the attitude of courts discouraged the practice. Thus, this paper
shall examine inchoate offences, the concept of inchoate offences, the
importance of inchoate offences. The paper proceeded in making comparative
analysis of inchoate offences in Nigeria, America, England and German
jurisdictions. The paper adopted doctrinal method of research in the course of
the preparation of this work, and argued that some jurisdictions punish
inchoate offences as substantive crimes thereof. The paper then made conclusion
and provided prescriptions to that effect.
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Pages:63-68
How to cite this article:
Eleonu James, Adokiye Godwin Chamabila "Inchoate offences and the infliction of criminal punishments in a state bound by the rule of law". International Journal of Law, Policy and Social Review, Vol 5, Issue 2, 2023, Pages 63-68
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