Negligence and Defendants with Special Skills
Cambridge Law Journal, pp.8-10, 2010
4 Pages Posted: 26 Feb 2016
Date Written: 2010
Discussions of the objective standard of care in the criminal law tend to focus on its treatment of incompetent defendants. Relatively little has been said about its application to defendants who are especially capable. This focus is understandable. For one thing, the incompetent are much more likely to fall short of this standard than the gifted. Another reason for this focus is that it is a greater philosophical challenge to justify holding the incompetent to the objective standard than those who have the capacity to meet it.
Keywords: criminal law, negligence, motor vehicles, objective standard of care
JEL Classification: K14
Suggested Citation: Suggested Citation