Recklessness – the continuing search for a definition

Catherine Crosby

doi:1350/jcla.2008.72.4.513

Recklessness – the continuing search for a definition

Catherine Crosby

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Abstract

This article examines the different approaches to determining recklessness in the criminal law and the advantages and disadvantages of each will be explored in relation to issues of moral culpability. Whilst a subjective definition of recklessness might seem attractive it fails to catch all those who are morally blameworthy. In contrast, a purely objective
interpretation can lead to injustice in circumstances where the defendant lacked the capacity to foresee the risk of harm. It will be argued that recklessness based upon conscious advertence produces too narrow a
definition and culpable inadvertence should be encompassed by examining why no thought was given to the risk.

Original language	Undefined
Pages (from-to)	313-334
Journal	Journal of Criminal Law
Volume	72
Issue number	4
DOIs	https://doi.org/1350/jcla.2008.72.4.513
Publication status	Published - 2008

Bibliographical note

This article examines the different approaches to determining recklessness in the criminal law and the advantages and disadvantages of each will be explored in relation to issues of moral culpability. Whilst a subjective definition of recklessness might seem attractive it fails to catch all those who are morally blameworthy. In contrast, a purely objective interpretation can lead to injustice in circumstances where the defendant lacked the capacity to foresee the risk of harm. It will be argued that recklessness based upon conscious advertence produces too narrow a definition and culpable inadvertence should be encompassed by examining why no thought was given to the risk.

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1350/jcla.2008.72.4.513

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Cite this

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title = "Recklessness – the continuing search for a definition",

abstract = "This article examines the different approaches to determining recklessness in the criminal law and the advantages and disadvantages of each will be explored in relation to issues of moral culpability. Whilst a subjective definition of recklessness might seem attractive it fails to catch all those who are morally blameworthy. In contrast, a purely objective interpretation can lead to injustice in circumstances where the defendant lacked the capacity to foresee the risk of harm. It will be argued that recklessness based upon conscious advertence produces too narrow a definition and culpable inadvertence should be encompassed by examining why no thought was given to the risk.",

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