NCJ Number
7532
Journal
Yale Law Journal Volume: 81 Issue: 5 Dated: (APRIL 1972) Pages: 949-979
Date Published
1972
Length
31 pages
Annotation
LIMITS TO WHICH NEGLIGENCE CAN BE USED AS A SUBSTITUTE FORM OF INTENT WHEN ASSESSING 'MENS REA' REQUIREMENTS.
Abstract
THE LAW PROVIDES SEVERAL SUBSTITUTES FOR THE SPECIFIC INTENT WHICH IS AN ELEMENT OF MOST CRIMES. ONE OF THESE IS THE CRIMINAL EQUIVALENT OF CIVIL NEGLIGENCE, A WANTON AND RECKLESS DISREGARD FOR THE CONSEQUENCES OF AN ACTION. FORMULATING A PRECISE DEFINITION WHICH WILL IDENTIFY THE KINDS OF NEGLIGENT CONDUCT WHICH WARRANT THE CRIMINAL SANCTION IS A DIFFICULT TASK. THIS ARTICLE FOCUSES ON H.L.A. HART'S FORMULATION AND PRESENTS AN ANALYSIS AND CRITIQUE OF IT ALONG WITH A SUGGESTED ALTERNATIVE.