Question: Evaluate the relative merits of subjective and objective approaches to determining recklessness.
Answer: Recklessness is the taking of an unjustified risk. A person may be reckless as to consequence or circumstance. It is distinct from negligence and intention and has had uncertain history in judicial interpretation. The focus of the paper is to evaluate the relative merits of actual foresight (subjective) and foreseeability (objective) approaches to determining recklessness. Recklessness is the taking of an unjustified criminal risk and is regarded as the lesser category of mental attitude than that of the highest category of culpability (intention)....(short extract)
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- Subject: Law
- Course: Criminal Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 70%
- Words: 1879
- Date submitted: September 27, 2010
- Date written: April, 2009
- References: Yes
- Document type: Essay*
- Essay ID: 3349
