Why criminal responsibility for negligence cannot be indirect
Why criminal responsibility for negligence cannot be indirect
A popular way to try to justify holding defendants criminally responsible for inadvertent negligence is via an indirect or “tracing” approach, namely an approach which traces the inadvertence back to prior culpable action. I argue that this indirect approach to criminal negligence fails because it cannot account for a key feature of how criminal negligence should be (and sometimes is) assessed. Specifically, it cannot account for why, when considering whether a defendant is negligent, what counts as a risk should be assessed relative to the defendant's evidence.
criminal negligence, gross negligence manslaughter, culpability, tracing
489–514
Greenberg, Alexander
0f529d9c-1683-4f2d-94e5-2863e31a9c25
1 November 2021
Greenberg, Alexander
0f529d9c-1683-4f2d-94e5-2863e31a9c25
Greenberg, Alexander
(2021)
Why criminal responsibility for negligence cannot be indirect.
Cambridge Law Journal, 80 (3), .
(doi:10.1017/S0008197321000659).
Abstract
A popular way to try to justify holding defendants criminally responsible for inadvertent negligence is via an indirect or “tracing” approach, namely an approach which traces the inadvertence back to prior culpable action. I argue that this indirect approach to criminal negligence fails because it cannot account for a key feature of how criminal negligence should be (and sometimes is) assessed. Specifically, it cannot account for why, when considering whether a defendant is negligent, what counts as a risk should be assessed relative to the defendant's evidence.
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e-pub ahead of print date: 27 August 2021
Published date: 1 November 2021
Keywords:
criminal negligence, gross negligence manslaughter, culpability, tracing
Identifiers
Local EPrints ID: 478508
URI: http://eprints.soton.ac.uk/id/eprint/478508
ISSN: 0008-1973
PURE UUID: 635cc883-42d8-4064-b1f6-39106d93b233
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Date deposited: 04 Jul 2023 17:41
Last modified: 17 Mar 2024 02:55
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