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Full-Text Articles in Criminology
Incarceration Nation: Investigative Prison Poems Of Hope And Terror [Book Review], Lisa M. Tillmann Ph.D.
Incarceration Nation: Investigative Prison Poems Of Hope And Terror [Book Review], Lisa M. Tillmann Ph.D.
Faculty Publications
The author reviews the book Incarceration Nation: Investigative Prison Poems of Hope and Terror by Stephen John Hartnett.
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
Responsibility For Unintended Consequences, Claire Oakes Finkelstein
All Faculty Scholarship
The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as closely as possible. …