Criminal Negligence in UK Law
- Medical Manslaughter: The Effect of Lay Findings of (Criminal) Gross Negligence on Professional Tribunals
- Findlay Stark, Culpable Carelessness: Recklessness and Negligence in the Criminal Law, Cambridge: Cambridge University Press, 2016, 327 pp, hb £72.99.
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The Legal Response to Work-Related Fatalities in NSW in 1984*
This article is a study of the response of the legal/regulatory system to all 129 work-related fatalities which occurred in NSW in 1984. Previous research on the response of the legal system has ut...... ... many quarters for the employers to beprosecuted for some form of criminal negligence forthedeath of their employees,coroners inourstudy would ... ...
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Gross Negligence Manslaughter on the Cusp
Despite playing a significant role in defining the boundaries of manslaughter, the ‘gross negligence’ concept is notoriously indeterminate. There is no comprehensible and consistent means of measur...... ... There is no comprehensible and consistent means of measuringwhether conduct is sufficiently gross to warrant criminal conviction. The gross negligence conditionalso sets the culpability bar too low by permitting the criminal censure of undeserving defendants whodid ... ...
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Rethinking the Mental Element in Involuntary Manslaughter
In this article, it is argued that the mental element for gross negligence manslaughter requires subjective fault. It is argued that the negligent conduct is evaluated objectively but does not mean...... ... this article, it is argued that the mental element for gross negligence manslaughter requiressubjective fault. It is argued that the negligent ... But, ... removal of criminal laws most extravagant punishment in the early decades of the nineteenth ... ...
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Prosecuting ‘Gross’ Medical Negligence: Manslaughter, Discretion, and the Crown Prosecution Service
This article examines prosecutions of health care professionals for gross negligence manslaughter following fatal errors committed in the course of their work. Unease has long surrounded the use of...... ... Unease has long surrounded the use of ` gross negligence' as a form of criminal liability, and particularly as it applies to health care professions operating in high-risk settings. The recent dramatic rise of such prosecutions ... ...
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Economic Oppression as an International Wrong or as Crime against Humanity
... ... AGAINST HUMANITY E LIAS D AVIDSSON * Abstract The International Criminal Court (ICC) was established to secure the punishment of persons who have ... Failing by gross negligence to ensure basic necessities to a dependent person may also give rise to ... ...
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Gross Negligence Manslaughter Revisited: Time for a Change of Direction?
This article postulates that the House of Lords took a wrong turn in Adomako, missing the opportunity to revise the Caldwell/Lawrence guidance on recklessness, to produce a more appropriate determi...... CLJ926468 228..245 ... The Journal of Criminal Law ... 2020, Vol. 84(3) 228–245 ... Gross Negligence Manslaughter ... ª The Author(s) 2020 ... Revisited: Time for a Change of ... ...
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Doctors Are Aggrieved—Should They Be? Gross Negligence Manslaughter and the Culpable Doctor
Doctors may also be criminals. Mercifully, this is a rare event but no health professional is infallible, mistakes happen and the challenge is to distinguish inadvertence from wilful disregard for ...... ... Healthcare professionals are uneasy about the readiness of the currentlaw to attribute criminal responsibility accompanied by a failure to recognise the highlypressurised context in which sub-standard practice occurs. This article argues that ... ...
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The hiding of wealth: an Argentinian perspective
Describes the recent increase in known money laundering activities in Argentina based on drug dealing, smuggling and false export transactions of precious metals etc, as a result of the country’s v...... ... 13th April, 2000, Congress passed theCover-Up and Laundering of Criminal Assets LawNo. 25,246. This law includes a broad descriptionof criminal ... ...
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