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Why Criminal Responsibility for Negligence Cannot be Indirect

Greenberg, A; (2021) Why Criminal Responsibility for Negligence Cannot be Indirect. Cambridge Law Journal (In press). Green open access

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Abstract

A popular way to try to justify holding defendants criminally responsible for inadvertent negligence is via an indirect or “tracing” approach, i.e. an approach which traces the inad-vertence back to prior culpable action. I argue that this indirect approach to criminal neg-ligence 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.

Type: Article
Title: Why Criminal Responsibility for Negligence Cannot be Indirect
Open access status: An open access version is available from UCL Discovery
Publisher version: https://www.cambridge.org/core/journals/cambridge-...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Criminal negligence, gross negligence manslaughter, culpability, tracing
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Arts and Humanities
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Arts and Humanities > Dept of Philosophy
URI: https://discovery.ucl.ac.uk/id/eprint/10129848
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