NCJ Number
14995
Date Published
1971
Length
199 pages
Annotation
AN ATTEMPT TO DETERMINE THE EXTENT TO WHICH THE CONCEPTION OF THE CRIMINAL RESPONSIBILITY OF THE INDIVIDUAL HAS BEEN DISPLACED OR MODIFIED BY CERTAIN FEATURES OF CONTEMPORARY BRITISH LAW.
Abstract
SOME BASIC DISTINCTIONS BETWEEN THE CIVIL AND CRIMINAL LAW IN TERMS OF THEIR RESPECTIVE FUNCTIONS ARE FIRST DISCUSSED. DIFFERENT THEORIES AS TO THEIR FUNCTION ARE COMPARED AND IT IS SUGGESTED THAT THEY CANNOT BE ADEQUATELY EXPLAINED BY A SINGLE THEORY. THE BASIS OF RESPONSIBILITY, AND PROBLEMS IN DETERMING CRIMINAL RESPONSIBILITY WITH RESPECT TO THE MENTALLY ABNORMAL OFFENDER AND THE YOUNG OFFENDER ARE EXAMINED, AND AN ATTEMPT IS MADE TO ASSESS THE EFFECTS OF THE DOCTRINE OF STRICT LIABILITY. A BRIEF SURVEY ILLUSTRATES THE TENDENCIES OF THE COMMON LAW TO PLACE GREATER RESTRICTIONS ON THE OPERATION OF THIS DOCTRINE. THE NOTION OF OBJECTIVE LIABILITY IS ALSO ANALYZED. THE CONCLUDING SECTIONS EXAMINE GENERAL PHILOSOPHICAL ARGUMENTS AND THE CONTROVERSY OVER THE MENS REA DOCTRINE, OR THE DOCTRINE OF CRIMINAL RESPONSIBILITY. (AUTHOR ABSTRACT MODIFIED)