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2010

SelectedWorks

Daniel Moriarty

Articles 1 - 7 of 7

Full-Text Articles in Law

Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty Mar 2010

Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty

Daniel Moriarty

This paper deals with compound negligence, i.e., situations in which one person’s heedlessness helps another to commit a negligent offense. The conviction of the second party who actually commits the offense poses no unique problem; offenses committable through criminal negligence, such as involuntary manslaughter, are routinely available in every jurisdiction. But conviction of the first party who negligently provided the means or opportunity for the second party’s unreasonable behavior poses significant problems. Accomplice liability is unavailable as complicity requires an intention to aid another, which is absent in such cases. Causation might be tried, but the second ...


Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty Mar 2010

Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty

Daniel Moriarty

This paper deals with compound negligence, i.e., situations in which one person’s heedlessness helps another to commit a negligent offense. The conviction of the second party who actually commits the offense poses no unique problem; offenses committable through criminal negligence, such as involuntary manslaughter, are routinely available in every jurisdiction. But conviction of the first party who negligently provided the means or opportunity for the second party’s unreasonable behavior poses significant problems. Accomplice liability is unavailable as complicity requires an intention to aid another, which is absent in such cases. Causation might be tried, but the second ...


Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty Feb 2010

Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty

Daniel Moriarty

This paper deals with compound negligence, i.e., situations in which one person’s heedlessness helps another to commit a negligent offense. The conviction of the second party who actually commits the offense poses no unique problem; offenses committable through criminal negligence, such as involuntary manslaughter, are routinely available in every jurisdiction. But conviction of the first party who negligently provided the means or opportunity for the second party’s unreasonable behavior poses significant problems. Accomplice liability is unavailable as complicity requires an intention to aid another, which is absent in such cases. Causation might be tried, but the second ...


Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty Feb 2010

Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty

Daniel Moriarty

This paper deals with compound negligence, i.e., situations in which one person’s heedlessness helps another to commit a negligent offense. The conviction of the second party who actually commits the offense poses no unique problem; offenses committable through criminal negligence, such as involuntary manslaughter, are routinely available in every jurisdiction. But conviction of the first party who negligently provided the means or opportunity for the second party’s unreasonable behavior poses significant problems. Accomplice liability is unavailable as complicity requires an intention to aid another, which is absent in such cases. Causation might be tried, but the second ...


Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty Feb 2010

Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty

Daniel Moriarty

This paper deals with compound negligence, i.e., situations in which one person’s heedlessness helps another to commit a negligent offense. The conviction of the second party who actually commits the offense poses no unique problem; offenses committable through criminal negligence, such as involuntary manslaughter, are routinely available in every jurisdiction. But conviction of the first party who negligently provided the means or opportunity for the second party’s unreasonable behavior poses significant problems. Accomplice liability is unavailable as complicity requires an intention to aid another, which is absent in such cases. Causation might be tried, but the second ...


Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty Feb 2010

Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty

Daniel Moriarty

This paper deals with compound negligence, i.e., situations in which one person’s heedlessness helps another to commit a negligent offense. The conviction of the second party who actually commits the offense poses no unique problem; offenses committable through criminal negligence, such as involuntary manslaughter, are routinely available in every jurisdiction. But conviction of the first party who negligently provided the means or opportunity for the second party’s unreasonable behavior poses significant problems. Accomplice liability is unavailable as complicity requires an intention to aid another, which is absent in such cases. Causation might be tried, but the second ...


Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty Feb 2010

Dumb And Dumber: Reckless Encouragement To Reckless Wrongdoers, Daniel Moriarty

Daniel Moriarty

This paper deals with compound negligence, i.e., situations in which one person’s heedlessness helps another to commit a negligent offense. The conviction of the second party who actually commits the offense poses no unique problem; offenses committable through criminal negligence, such as involuntary manslaughter, are routinely available in every jurisdiction. But conviction of the first party who negligently provided the means or opportunity for the second party’s unreasonable behavior poses significant problems. Accomplice liability is unavailable as complicity requires an intention to aid another, which is absent in such cases. Causation might be tried, but the second ...