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Part 4: A matter of perspective (in criminally blaming Decision Rules)

Dsouza, Mark; (2022) Part 4: A matter of perspective (in criminally blaming Decision Rules). [Digital scholarly resource]. https://criminaljusticetheoryblog.wordpress.com/20... Green open access

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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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