The Reasonableness in Recklessness


No Thumbnail Available
Type
Article
Change log
Abstract

Recklessness involves unreasonable/unjustified risk-taking. The argument here is that recklessness in the criminal law is best understood as nevertheless containing an element of reasonableness. To be reckless, on this view, the defendant must reasonably believe that she is exposing others to a risk of harm. If the defendant’s belief about the risk being imposed by her conduct is unreasonable, she should not (normally) be considered reckless. This point is most important in relation to offences of endangerment where recklessness sets the outer limits of criminal liability.

Description
Keywords
Mens Rea, Recklessness, Endangerment, Attempts
Journal Title
Criminal Law and Philosophy
Conference Name
Journal ISSN
1871-9791
1871-9805
Volume Title
14
Publisher
Springer Science and Business Media LLC
Rights
All rights reserved