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negligence

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Journal Articles
New Criminal Law Review (1998) 1 (2): 431–458.
Published: 01 January 1998
Journal Articles
New Criminal Law Review (2015) 18 (3): 369–417.
Published: 01 August 2015
... have criticized the traditional interpretation of the doctrine; legal moralists in particular have argued that this account is conceptually confused. Because the doctrine’s use of a strict liability punishment regime does not incentivize individuals to learn the law as well as a negligence regime might...
Journal Articles
New Criminal Law Review (2016) 19 (3): 412–436.
Published: 01 August 2016
... cause harm to others. A person who allows a self-teaching robot to interact with humans can foresee that the robot might get out of control and cause harm. This fact alone may give rise to negligence liability. In light of the overall social benefits associated with the use of many of today’s robots...
Journal Articles
New Criminal Law Review (2020) 23 (2): 196–235.
Published: 15 April 2020
... government officials or state representatives such as environmen- tal protection and food safety bureaus, urban control officers and police officers, for corruption and criminal negligence. And the eighth set of cases focuses entirely on People s Procurators bringing public interest civil and administrative...
Journal Articles
New Criminal Law Review (2020) 23 (1): 27–59.
Published: 01 February 2020
... whenever defendants are not made to pay the full cost of their harmful activities. But this explanation is dubious. All liability insur- ance creates the potential for moral hazard. Drivers are more likely to be negligent, for example, when they aware their insurance companies will pay for the harms they...
Journal Articles
New Criminal Law Review (2020) 23 (1): 1–26.
Published: 01 February 2020
... steps to prevent the preventable by Cardinals and corporate entities of the church alike.15 In airline safety regulation, and increasingly with the reg- ulation of recklessness and negligence in health care, the evidence is per- suasive that effective regulation can be forgiving of reckless near misses...
Journal Articles
New Criminal Law Review (2008) 11 (1): 1–32.
Published: 01 January 2008
...Tatjana Höörnle The "reasonable person" plays an important role in English and American criminal law, but not in German criminal law. The comparative view yields a number of differences (for example, with respect to negligent crimes, errors about justifying circumstances, and excuses like duress...
Journal Articles
New Criminal Law Review (2008) 11 (1): 91–118.
Published: 01 January 2008
... from determinism. The scope of responsibility determines the kinds of action that we can be held responsible for, such as intentional, reckless, negligent, or accidental actions. I defend a conception of responsibility that has expansive scope, in that it allows us to be responsible for things that we...
Journal Articles
New Criminal Law Review (2019) 22 (2): 140–163.
Published: 01 May 2019
... for such an extended period.86 Stevens contended that choosing to sentence a prisoner to life rather than execution after the prisoner has spent two decades on death row would have a negligible impact on the death penalty s deterrent effect.87 Stevens quoted Justice White s concurrence from Furman v...
Journal Articles
New Criminal Law Review (2019) 22 (1): 34–72.
Published: 01 February 2019
... unlawful and not fully responsible attack (negligent creation, mistake of law, diminished culpability, etc The defendant can use force up to a certain extent: he must not harm an interest that substantially outweighs the one safeguarded. (3) The aggressive state of necessity grants any transfer of a danger...
Journal Articles
New Criminal Law Review (2018) 21 (4): 545–566.
Published: 01 November 2018
... risk of HIV transmission negligible and there- fore not significant (the standard from Mabior), which negated the duty to disclose. He was therefore convicted on six counts and acquitted on three. On appeal, the defense argued this standard was too high and that either an undetectable viral load or...
Journal Articles
New Criminal Law Review (2018) 21 (3): 379–425.
Published: 01 August 2018
Journal Articles
New Criminal Law Review (2018) 21 (2): 291–315.
Published: 01 May 2018
... convicted of criminally negligent homicide for failing to warn authorities that two of her friends were planning on killing her abusive mother (Waterman v. State, 2015). She was 16 years old at the time of the offense. Waterman confided to Brian Radel and Jason Arrant that her mother had beaten her, thrown...
Journal Articles
New Criminal Law Review (2018) 21 (2): 267–290.
Published: 01 May 2018
... negligent) (Buckholz &Marois, 2012). These imaging studies provide us with some compelling evidence that the urge to punish must be an adaptive feature of human nature, and a possible explanation for the old saying, Vengeance is sweet Although brain imaging studies and evolutionary logic tell us there...
Journal Articles
New Criminal Law Review (2018) 21 (2): 212–246.
Published: 01 May 2018
Journal Articles
New Criminal Law Review (2018) 21 (1): 57–140.
Published: 01 February 2018
Journal Articles
New Criminal Law Review (2017) 20 (4): 569–615.
Published: 01 November 2017
... homicide, includ- ing one that might be traditionally characterized as manslaughter rather than murder, unless the defendant could show their acts were neither intentional nor criminally negligent.93 This would be an example of transferring something that historically went to an element of a crime (murder...
Journal Articles
New Criminal Law Review (2017) 20 (3): 355–390.
Published: 01 August 2017
... violent or non-violent crime, a crime against 2. or an international governmental organisation Added by Terrorism Act 2006, § 34. 3. racial Added by Counter-Terrorism Act 2008, § 75(1)(2)(a). U .K . COUNTERTERROR ISM LAW | 363 the person or against property, and can reside on intention or negligence...
Journal Articles
New Criminal Law Review (2017) 20 (3): 433–464.
Published: 01 August 2017
...-crimes lia- bility, for mercy-killing liability, against transferring intent from one victim or offense to another, against some versions of the defenses of necessity and provocation, and against criminal negligence A.P. SIMESTER, J.R. SPENCER, G.R. SULLIVAN, & G.J. VIRGO, SIMESTER AND SULLIVAN S...
Journal Articles
New Criminal Law Review (2017) 20 (3): 465–505.
Published: 01 August 2017
.... CRIM. LAW & CRIMINOLOGY 679, 691 (1994). 24. See, e.g., Stephen J. Morse, Reason, Results, and Criminal Responsibility, 2004 U. ILL. L. REV. 363, 385 (2004); Heidi M. Hurd & Michael S. Moore, Negligence in the Air, 3 THEOR. INQ. L. 333, 351 (2002). 25. Furman v. Georgia, 408 U.S. 238, 309 (1972...