Abstract
The main focus of this article is the ways in which the problem of reckless murder is dealt with in the common law world. In a case of reckless murder it may not be possible to prove that the accused set out to kill or do serious injury; but the killing is nevertheless thought to merit classification as murder rather than manslaughter. This may be because the case is thought to be analytically indistinguishable from murder, or because the level of culpability demonstrated by the conduct in question is thought to deserve that stigma on other grounds. This article seeks, by reference to various common law systems, to analyse the different techniques used to classify the reckless killer as a murderer, and to compare their advantages and disadvantages in the light of the different rationales used to justify such a classification. The article concludes by arguing that the question whether reckless killers should be classified as murderers—and if so how—can only be decided by reference to broader conceptions of the nature of criminal culpability.
| Original language | English |
|---|---|
| Pages (from-to) | 137-157 |
| Number of pages | 21 |
| Journal | Oxford University Commonwealth Law Journal |
| Volume | 8 |
| Issue number | 2 |
| Publication status | Published - Dec 2008 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
-
SDG 16 Peace, Justice and Strong Institutions
Fingerprint
Dive into the research topics of 'Murder and the Ruthless Risk-Taker'. Together they form a unique fingerprint.Cite this
- APA
- Author
- BIBTEX
- Harvard
- Standard
- RIS
- Vancouver