"Thank God I Failed"

Abstract

First paragraph: The breadth and scope of Larry Alexander’s scholarship is enough to leave his colleagues, and admiring observers, short of breath – and a Festschrift contributor spoilt for choice: Even within the field of criminal law there are so many topics on which he has produced original and provocative work that choice is still difficult. However, since we have previously crossed swords on criminal attempts, I will take up an issue about attempts on which we disagree, but which we did not then debate. The question is well worn: 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,” mine is “Yes.”