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Explain what is meant by intentional, reckless and negligent behaviour. Ought such terms to be defined as a matter of law, or left to the jury as a matter of fact?
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Tom Pacey Criminal Law Explain what is meant by intentional, reckless and negligent behaviour. Ought such terms to be defined as a matter of law, or left to the jury as a matter of fact? "Intentional" can only be used to describe the actions of a man in the following circumsances: firstly, he is acting as an independent moral agent - that is to say he is able to exercise control over his conscious actions without interferance by an external force or a condition which renders him unable to exercise any control; secondly, that the consequences of his actions are forseeable to a reasonable man; thirdly, he desires the criminal outcome and that desire is the reason for his action (but this adjective can also be used to describe a criminal outcome which the man does not desire but appreciates will certainly occur as a result of his actions in the...
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