Goldberg, Anna E, Child, John J, Crombag, Hans S and Roef, David (2021) Prior-fault blame in England and Wales, Germany and the Netherlands. Journal of International and Comparative Law, 8 (1). pp. 53-86. ISSN 2313-3775
![]() |
PDF
- Accepted Version
Restricted to SRO admin only Download (389kB) |
Abstract
This article explores the contested legal conceptualisation and application of “prior-fault” rules in England and Wales, Germany and the Netherlands. Prior-fault rules operate as an exception to the traditional application of criminal offences and defences, allowing a defendant’s previous conduct outside of an offence or defence definition to directly affect his or her liability. The paradigm example of this is prior-fault intoxication, where an intoxicated defendant is found liable for an offence despite lacking mental fault at the time of causing harm; with the missing mental fault effectively substituted by their previous choice to become intoxicated. However, as we discuss, prior-fault is not necessarily limited to such examples and has the potential to operate across a broad range of criminal rules. Through the comparison of jurisdictions, each with varying doctrinal applications of prior-fault, the article seeks both to better understand the concept as well as to analyse the most effective and defensible methods for its application in practice.
Item Type: | Article |
---|---|
Schools and Departments: | School of Psychology > Psychology |
SWORD Depositor: | Mx Elements Account |
Depositing User: | Mx Elements Account |
Date Deposited: | 16 Apr 2021 07:03 |
Last Modified: | 30 Sep 2021 11:08 |
URI: | http://sro.sussex.ac.uk/id/eprint/98461 |
View download statistics for this item
📧 Request an update