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Crime, Punishment, and ResponsibilityThe Jurisprudence of Antony Duff$
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Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff

Print publication date: 2011

Print ISBN-13: 9780199592814

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199592814.001.0001

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The Criminal Law's Ambivalence About Outcomes

The Criminal Law's Ambivalence About Outcomes

Chapter:
(p.159) 10 The Criminal Law's Ambivalence About Outcomes
Source:
Crime, Punishment, and Responsibility
Author(s):

Andrew Ashworth

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199592814.003.0010

This chapter examines Duff's views on the relative roles of culpability and outcomes in criminal liability, and particularly his claim that it is ‘natural’ to assess actions in terms of their impact on the world. It reviews some changing patterns of criminal liability, notably a revival of emphasis on culpability as the core of new offences. In particular, it considers a range of new offences and sentencing norms relating to the causing of death, raising questions about the circumstances in which the occurrence of death should be relevant to the label of the offence or to the quantum of sentence.

Keywords:   culpability, outcomes, causing death, communicative theory, moral luck

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