Fault in Criminal Law A Research Companion Substantive Issues in Criminal Law Series

This volume presents a comparative examination of the issue of fault in criminal law. Extant law reveals significant problems in adoption of consistent approaches to doctrinal and theoretical underpinnings of fault liability and culpability thresholds in criminal law. This has been exemplified by a plethora of recent jurisprudential authorities revealing varying degrees of confusion and vacillation. This collection focuses on fault liability for inculpation with contributions from leading specialists from different jurisdictions presenting alternative perspectives. The book addresses three specific elements within the arena of fault, embracing an overarching synergy between them. This structure facilitates an examination of UK provisions, with specialist contributions on domestic law, and in contrasting these provisions against alternative domestic jurisdictions as well as comparative contributions addressing a particularised research grid for content. The comparative chapters provide a wider background of how other legal systems treat a variety of specialised issues relating to fault elements in the context of the criminal law. With contributions from leading experts in the field, the book will be an invaluable resource for researchers, academics, and practitioners working in this area.

List of Contributors

Preface

Introduction

PART 1

1 The Fault Requirement of Indecent Photographs of Children

ALISDAIR A GILLESPIE

2 Defining Fault in Loss of Control: Determining Culpability Through Excuse Theory

AMANDA CLOUGH

3 Strict Liability Crimes: The Contours of Liability and Crimogenic Impact

ALAN REED

4 Causation, Fault, and Responsibility

GR SULLIVAN AND AP SIMESTER

5 Understanding the ‘Fault’ in Prior-Fault Intoxication: Insights From Behavioural Neuroscience

HANS S CROMBAG, JOHN J CHILD, AND RUDI FORTSON

6 Ages of Consent and Responsibility in Criminal Law: Should They Be the Same?

JONATHAN HERRING

7 Fault, Article 7, and the Courts’ Development of the Criminal Law

JEREMY HORDER

8 ‘Crimes of Passion’: Emotion, Fault, and the Criminal Law

JOHN E STANNARD

PART 2

9 Germany

KAI AMBOS AND STEFANIE BOCK

10 Australia

MIRKO BAGARIC

11 The United States of America

VERA BERGELSON

12 Russia

GLEB BOGUSH

13 Islamic Law

MOHAMMAD HEDAYATI-KAKHKI

14 Africa

GERHARD KEMP AND BERNARD NTAHIRAJA

15 China

ANDRA LE ROUX-KEMP

Index

Alan Reed is a professor of criminal and private international law at Northumbria University, and Deputy Faculty Pro Vice-Chancellor (Research and Knowledge Exchange) in the Faculty of Business and Law. He is Editor of the Journal of Criminal Law, and an Advisory Board Member of the Journal of International and Comparative Law.

Michael Bohlander holds the Chair in Comparative and International Criminal Law at Durham University.

Bethany Simpson is a lecturer in criminal law and social justice at Newcastle University. Her research explores modern-day slavery and human trafficking.

Verity Adams is a barrister at Trinity Chambers in Newcastle. Her research interests are in criminal law and evidence, immigration and public international law.