Prior-Fault Blame In England And Wales, Germany And The Netherlands
This article explores the contested legal conceptualisation and application of “prior-fault” rules in England and Wales, Germany and the Netherlands. Prior-fault rules operate as an exception to the traditional application of criminal offences and defences, allowing a defendant’s previous conduct outside of an offence or defence definition to directly affect his or her liability. The paradigm example of this is prior-fault intoxication, where an intoxicated defendant is found liable for an offence despite lacking mental fault at the time of causing harm; with the missing mental fault effective... Mehr ...
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Dokumenttyp: | Artikel |
Erscheinungsdatum: | 2021 |
Reihe/Periodikum: | Goldberg , A , Child , J , Crombag , H & Roef , D 2021 , ' Prior-Fault Blame In England And Wales, Germany And The Netherlands ' , Journal of International and Comparative Law , vol. 8 , no. 1 , pp. 53-85 . < https://www.jicl.org.uk/journal/june-2021/prior-fault-blame-in-england-and-wales-germany-and-the-netherlands > |
Schlagwörter: | criminal law / intoxication / prior fault / insanity / constructing offences / blocking defences / incapacity / actio libera in causa / culpa in causa |
Sprache: | Englisch |
Permalink: | https://search.fid-benelux.de/Record/base-27597081 |
Datenquelle: | BASE; Originalkatalog |
Powered By: | BASE |
Link(s) : | https://cris.maastrichtuniversity.nl/en/publications/79d281a0-54f6-459d-970e-326f196726d3 |
This article explores the contested legal conceptualisation and application of “prior-fault” rules in England and Wales, Germany and the Netherlands. Prior-fault rules operate as an exception to the traditional application of criminal offences and defences, allowing a defendant’s previous conduct outside of an offence or defence definition to directly affect his or her liability. The paradigm example of this is prior-fault intoxication, where an intoxicated defendant is found liable for an offence despite lacking mental fault at the time of causing harm; with the missing mental fault effectively substituted by their previous choice to become intoxicated. However, as we discuss, prior-fault is not necessarily limited to such examples and has the potential to operate across a broad range of criminal rules. Through the comparison of jurisdictions, each with varying doctrinal applications of prior-fault, the article seeks both to better understand the concept as well as to analyse the most effective and defensible methods for its application in practice.