This volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area.
Author(s): Alan Reed, Michael Bohlander, Bethany Simpson, Verity Adams
Series: Substantive Issues in Criminal Law
Publisher: Routledge
Year: 2022
Language: English
Pages: 358
City: London
Cover
Half Title
Series
Title
Copyright
Contents
List of Contributors
Preface
Introduction
Part 1
1 The Fault Requirement of Indecent Photographs of Children
2 Defining Fault in Loss of Control: Determining Culpability Through Excuse Theory
3 Strict Liability Crimes: The Contours of Liability and Crimogenic Impact
4 Causation, Fault, and Responsibility
5 Understanding the ‘Fault’ in Prior-Fault Intoxication: Insights From Behavioural Neuroscience
6 Ages of Consent and Responsibility in Criminal Law: Should They Be the Same?
7 Fault, Article 7, and the Courts’ Development of the Criminal Law
8 ‘Crimes of Passion’: Emotion, Fault, and the Criminal Law
Part 2
9 Germany
10 Australia
11 The United States of America
12 Russia
13 Islamic Law
14 Africa
15 China
Index