Book Review: Law and Society in Transition: Toward Responsive Law

Abstract

attempt is an incomplete crime. The doctrine of attempt concerns itself with those elements that must be proved in all cases where the prosecution alleges that the accused attempted to commit a crime. Section 1 deals with the elements of the doctrine of attempt. The basic formulation of the doctrine establishes two elements that must be proved by the prosecution when accusing a person of attempting to commit a crime. These are that the accused intended to commit the complete crime and that the accused engaged in conduct that is "more than merely preparatory" and is at least "proximate" to the commission of the complete crime. These two elements constitute the mens rea and actus reus of the common-law doctrine of attempt. The final section of this chapter addresses the question of impossibility. It needs to be emphasized that the question of impossibility does not give rise to any additional elements of the crime of attempt. The application of those elements to specific factual situations is an issue in the question of impossibility: Can you attempt to commit a crime that is impossible to commit? This question, and its response, exist in this section. This is a well-informed and well-argued book that should be welcomed as a substantial contribution to scholarship on criminal law. This is an extremely useful resource for anyone engaged in the study of criminal law, and it would serve well as an orientation to criminal law issues for postgraduate students of law.Today's observers of Australia and scholars of crime on that continent are awaiting this kind of publication. They are interested in understanding new information and judicial judgments in their studies. The conceptual framework and arguments in this monograph present windows of opportunity and challenges that await these readers.The authors have been witnesses to a reworking of criminal law that has not been seen perhaps since the early 19th century. This book brings together written materials that embody or incorporate the current and authoritative discourse of criminal legal practices in Australia. Rush and Yeo have held up an expansive image of it for teachers and students.In summary, this is a very useful work for academics and practitioners, dealing with substantive, evidential, and procedural law and focusing on the substantive criminal law in Australia. Researchers and teachers can find an abundance of material that is very informative. Law enforcement will find judicial judgments and legal discussion of current trends equally fascinating and useful. This work is a very timely and informative addition to the literature on criminal law. Overall, this monograph is an informative, important, interactive, and stimulating perspective of the criminal law in Australia. It lays the foundations for future scholarly inquiry into unanswered questions and emerging ones. Scholars, advocates, and law students should buy this book.