1st Edition

Fault in Criminal Law A Research Companion

Edited By Alan Reed, Michael Bohlander Copyright 2023
    358 Pages
    by Routledge

    358 Pages
    by Routledge

    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.

    Part 1

    1. The Fault Requirement of Indecent Photographs of Children
    2. Alisdair A. Gillespie

    3. Defining Fault in Loss of Control: Determining Culpability Through Excuse Theory
    4. Amanda Clough

    5. Strict Liability Crimes: The Contours of Liability and Crimogenic Impact
    6. Alan Reed

    7. Causation, Fault and Responsibility
    8. G.R. Sullivan, A.P. Simester

    9. Understanding the ‘Fault’ in Prior-Fault Intoxication: Insights from Behavioural Neuroscience
    10. John J. Child, Hans S. Crombag, Rudi Fortson QC

    11. Ages of Consent and Responsibility in Criminal Law: Should They be the Same?
    12. Jonathan Herring

    13. Fault, Article 7 and the Courts’ Development of the Criminal Law
    14. Jeremy Horder

    15. ‘Crimes of Passion’: Emotion, Fault and the Criminal Law
    16. John E. Stannard

      Part 2

    17. Germany
    18. Kai Ambos, Stefanie Bock

    19. Australia
    20. Mirko Bagaric

    21. United States of America
    22. Vera Bergelson

    23. Russia
    24. Gleb Bogush

    25. Islam
    26. Mohammad Hedayati-Kakhki

    27. Africa
    28. Gerhard Kemp, Bernard Ntahiraja

    29. China

    Andra le Roux-Kemp


    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.