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The term ‘recklessness’ plays a crucial rôle in determining criminal liability, yet it’s meaning still appears uncertain. Critically assess the meaning of the term ‘reckless’ in criminal law.
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| Submitted: Thu Jul 11 2002
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The term 'recklessness' plays a crucial rôle in determining criminal liability, yet it's meaning still appears uncertain. Critically assess the meaning of the term 'reckless' in criminal law. Generally, recklessness means taking an "unjustified risk", however, its legal definition is not quite as straightforward or the same as its normal meaning in the English language. Careful direction as to its legal meaning has to be given to the jury, so as to avoid miscarriages of justice. In the English Legal system there are in fact two completely different types of recklessness, both of which gained there name from which the cases they were defined: R v. CUNNINGHAM (1957), and MPC v. CALDWELL (1982). Previously, Cunningham was the leading influence as regards to recklessness. In the case itself, Mr. Cunningham broke his gas meter in order to steal the money from it, but in doing so, the gas leaked into the...
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