Prior-fault blame in England and Wales, Germany and the Netherlands

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. ISSN 2313-3775 (Accepted)

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Abstract

This article explores the contested legal conceptualization and application of “prior fault” 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 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
Related URLs:
SWORD Depositor: Mx Elements Account
Depositing User: Mx Elements Account
Date Deposited: 16 Apr 2021 07:03
Last Modified: 07 May 2021 08:39
URI: http://sro.sussex.ac.uk/id/eprint/98461

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