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'Criminal law on causation is a mess. The decisions in this area show that courts are really implementing policy decisions about who should be held responsible for crimes.' Discuss.
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'Criminal law on causation is a mess. The decisions in this area show that courts are really implementing policy decisions about who should be held responsible for crimes.' Discuss. Criminal law on causation has different approaches these include the Policy approach and the Mens Rea Approach. Which approach is implemented in practice is a question for debate. An attempt has been made to produce a coherent set of principles on causation in Hart and Honore's Principles of causation. How these principles are applied in practice is also subject to debate. 1. The Policy Approach The Policy approach involves the judges making a decision about whether a particular defendant caused the specified harm through a series of considerations. Thus there are no underlying principles. Hart and Tony Honore in there work Causation in the Law refer to a 'Variety of considerations' which must be weighed 'with courts considering the question of the existence or...
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