Chapter

Distraction and Negligence

Douglas Husak

in Principles and Values in Criminal Law and Criminal Justice

Published in print August 2012 | ISBN: 9780199696796
Published online September 2012 | e-ISBN: 9780191742293 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696796.003.0006
Distraction and Negligence

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This chapter examines Ashworth's reservations about punishing persons for harms caused negligently and contrasts this with the general acceptance of liability for recklessness. It looks at how the boundaries between recklessness and negligence should be drawn, paying particular attention to the concepts of awareness, knowledge, belief, and distraction. It raises the question of whether persons are aware of the risk they disregard in cases in which they have forgotten about a risk they have created.

Keywords: punishment; harms; liability; recklessness

Chapter.  7149 words. 

Subjects: Criminal Law

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