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Compare and contrast Intention and recklessness as fault terms governing criminal liability
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Compare and contrast Intention and recklessness as fault terms governing criminal liability To be guilty of a crime, it is usually expected that the defendant has the necessary mens rea or guilty mind, (subject to cases of strict liability.). The level of mens rea required varies for different crimes, to find the mens rea one must look at the specific definition of a crime. For the purpose of this essay I will first look at Intention and Recklessness and then compare the two as fault terms governing criminal liability. The meaning of intention in criminal law is as of yet disconcerted, however, the Law Commission of the draft Criminal law Bill clause 1 (a) attempts to provide a definition: A person acts intentionally with respect to a result when: I. It is his purpose to cause it; or II. Although it is not his purpose to cause it, he knows that it would...
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