Shifting Standards and Criminal Responsibility


in Criminal Responsibility

Published in print March 2007 | ISBN: 9780199225828
Published online January 2010 | e-ISBN: 9780191718571 | DOI:

Series: Oxford Monographs on Criminal Law and Justice

Shifting Standards and Criminal Responsibility

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It is sometimes argued that it is wrong to adjust standards of reasonableness that are imposed in the criminal law to accommodate particular characteristics or deficiencies that the defendant might have. That view is attacked in this chapter. It is suggested that we may adjust standards according to the expectations that we can reasonably have of people with various different characteristics. This allows a principled line to be drawn between factors which tend to erode criminal responsibility and those that do not. This argument is developed in the context of the law of provocation where the issue has been most thoroughly examined.

Keywords: provocation; reasonableness; standards

Chapter.  14203 words. 

Subjects: Criminal Law

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