The Reasonableness in Recklessness
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Peer-reviewed
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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.
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Keywords
Mens Rea, Recklessness, Endangerment, Attempts
Journal Title
Criminal Law and Philosophy
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Journal ISSN
1871-9791
1871-9805
1871-9805
Volume Title
14
Publisher
Springer Science and Business Media LLC
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All rights reserved