Recklessness: Awareness, Indifference or Belief
(2007) 31 Criminal Law Journal 272
15 Pages Posted: 18 Mar 2014
Date Written: March 16, 2014
Defining recklessness in criminal law has proved to be a great challenge for courts, legislatures and legal theorists. Currently, the mental element of recklessness encompasses several disparate states of mind and is defined differently in the offense of rape. However, it is desirable to have a single definition of recklessness which encapsulates all states of mind previously identified and is applicable to all offenses. This article investigates whether reformulating the definition of recklessness in terms of the accused’s attitude or belief satisfies these criteria. It concludes that the current formulation of the subjective element of the definition of recklessness must be maintained.
Keywords: criminal law, recklessness, indifference, belief’, mental element, intention, negligence, rape
JEL Classification: K14
Suggested Citation: Suggested Citation