Dsouza, Mark;
(2022)
Part 4: A matter of perspective (in criminally blaming Decision Rules).
[Digital scholarly resource].
https://criminaljusticetheoryblog.wordpress.com/20...
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Abstract
In this post, I argue that the criminal law decision rules relevant to making personal blaming judgments should ordinarily be applied by reference to the facts as perceived by the defendant. Further, I reject the proposition that there is automatic implicit normative guidance requiring persons who claim a rationale-based defence to have taken special care to meet objective standards of reasonableness when ascertaining the facts.
| Type: | Digital scholarly resource |
|---|---|
| Title: | Part 4: A matter of perspective (in criminally blaming Decision Rules) |
| 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: | Rationale-Based Defences, Criminal Law, Justifications, Excuses |
| 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/10157706 |
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