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Principles and Values in Criminal Law and Criminal JusticeEssays in Honour of Andrew Ashworth$
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Lucia Zedner and Julian V. Roberts

Print publication date: 2012

Print ISBN-13: 9780199696796

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199696796.001.0001

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Distraction and Negligence

Distraction and Negligence

(p.81) 6 Distraction and Negligence
Principles and Values in Criminal Law and Criminal Justice

Douglas Husak

Oxford University Press

This chapter examines Ashworth's reservations about punishing persons for harms caused negligently and contrasts this with the general acceptance of liability for recklessness. It looks at how the boundaries between recklessness and negligence should be drawn, paying particular attention to the concepts of awareness, knowledge, belief, and distraction. It raises the question of whether persons are aware of the risk they disregard in cases in which they have forgotten about a risk they have created.

Keywords:   punishment, harms, liability, recklessness

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