Dsouza, Mark;
(2022)
Acts, Omissions, and Remark-able Criminal Conduct.
[Digital scholarly resource].
https://criminaljusticetheoryblog.wordpress.com/20...
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Abstract
In this post, I argue against distinguishing between Acts and Omissions in both, decisions about what conduct tokens to make the basis of new crimes, and the interpretation of the conduct elements of existing criminal offences. Instead, I argue, that the criminal law is interested in voluntary conduct that belies a contextually salient expectation, whether that conduct be commissive, or omissive. Thinking of the conduct element of the actus reus of a criminal offence this way helps us simplify our analysis of offences, and limit the scope of seemingly overbroad offences.
| Type: | Digital scholarly resource |
|---|---|
| Title: | Acts, Omissions, and Remark-able Criminal Conduct |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | https://criminaljusticetheoryblog.wordpress.com/20... |
| 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: | Actus Reus, Acts and Omissions, Criminal Law, Legal Theory |
| UCL classification: | UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws UCL > Provost and Vice Provost Offices > UCL SLASH UCL |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10157705 |
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