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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.
Sommario
List of Contributors
Preface
Introduction
PART 1
1 The Fault Requirement of Indecent Photographs of Children
ALISDAIR A GILLESPIE
2 Defining Fault in Loss of Control: Determining Culpability Through Excuse Theory
AMANDA CLOUGH
3 Strict Liability Crimes: The Contours of Liability and Crimogenic Impact
ALAN REED
4 Causation, Fault, and Responsibility
GR SULLIVAN AND AP SIMESTER
5 Understanding the 'Fault' in Prior-Fault Intoxication: Insights From Behavioural Neuroscience
HANS S CROMBAG, JOHN J CHILD, AND RUDI FORTSON
6 Ages of Consent and Responsibility in Criminal Law: Should They Be the Same?
JONATHAN HERRING
7 Fault, Article 7, and the Courts' Development of the Criminal Law
JEREMY HORDER
8 'Crimes of Passion': Emotion, Fault, and the Criminal Law
JOHN E STANNARD
PART 2
9 Germany
KAI AMBOS AND STEFANIE BOCK
10 Australia
MIRKO BAGARIC
11 The United States of America
VERA BERGELSON
12 Russia
GLEB BOGUSH
13 Islamic Law
MOHAMMAD HEDAYATI-KAKHKI
14 Africa
GERHARD KEMP AND BERNARD NTAHIRAJA
15 China
ANDRA LE ROUX-KEMP
Index
Info autore
Alan Reed is a professor of criminal and private international law at Northumbria University, and Deputy Faculty Pro Vice-Chancellor (Research and Knowledge Exchange) in the Faculty of Business and Law. He is Editor of the Journal of Criminal Law, and an Advisory Board Member of the Journal of International and Comparative Law.
Michael Bohlander holds the Chair in Comparative and International Criminal Law at Durham University.
Bethany Simpson is a lecturer in criminal law and social justice at Newcastle University. Her research explores modern-day slavery and human trafficking.
Verity Adams is a barrister at Trinity Chambers in Newcastle. Her research interests are in criminal law and evidence, immigration and public international law.
Riassunto
This volume presents a comparative examination of the issue of Fault in Criminal Law. The collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives.
