ABSTRACT

This chapter discusses the limits of remote harm and the endangerment of the criminalization. The rationale for inchoate liability is harm prevention and when the constraints are satisfied with the rationale that is reconcilable with the justice. Firearm possession is a case of remote harm criminalization rather than the inchoate criminalization. The harm that transpires from widespread firearm possession is indirect or remote, because it is contingent on a firearm possessor or someone else making an independent choice to misuse a firearm. The objective harm constraint requires that the unwanted conduct be of a kind that does in fact cause harm or poses a real risk of harm to others. The broken windows thesis is a further remote harm argument that was invoked to justify a crackdown on begging in England and America. A sufficient culpability link is required to justify enacting independent possession offenses.