REINTERPRETING CRIMINAL COMPLICITY AND INCHOATE PARTICIPATION OFFENCES

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Reinterpreting Criminal Complicity And Inchoate Participation Offences

Author : Dennis J. Baker
ISBN : 9781317198871
Genre : Law
File Size : 37.70 MB
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In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.
Category: Law

Criminal Law

Author : Jonathan Herring
ISBN : 9780198811817
Genre : Criminal law
File Size : 62.91 MB
Format : PDF, Docs
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Criminal Law: Text, Cases, and Materials offers deft legal coverage and analysis alongside expertly selected extracts from key cases and academic sources. The effective two-part structure of each chapter in the book - the first part explaining the law as it is, the second examining the theoretical aspects of the law - ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of the surrounding philosophical and ethical debates. Important theoretical material is made accessible to students through a particularly engaging writing style. The author's clarity of expression brings the subject to life and places the law in context. This text is an essential and complete resource for all those wanting to get to grips with the fascinating and sometimes challenging area of criminal law. Online Resources: This text is accompanied by the following online resources: For students - DT Updates to the law following publication DT Useful web links DT Guidance on answering selected questions in the book DT An introductory video from the author For lecturers - DT A test bank of multiple choice questions
Category: Criminal law

Platonis Opera

Author : Plato
ISBN : COLUMBIA:0036688762
Genre :
File Size : 52.67 MB
Format : PDF
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