Reinterpreting Criminal Complicity and Inchoate Participation Offences

Nonfiction, Reference & Language, Law, Criminal law
Cover of the book Reinterpreting Criminal Complicity and Inchoate Participation Offences by Dennis J. Baker, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dennis J. Baker ISBN: 9781317198871
Publisher: Taylor and Francis Publication: May 26, 2016
Imprint: Routledge Language: English
Author: Dennis J. Baker
ISBN: 9781317198871
Publisher: Taylor and Francis
Publication: May 26, 2016
Imprint: Routledge
Language: English

In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.

More books from Taylor and Francis

Cover of the book The Moralization of the Markets by Dennis J. Baker
Cover of the book Routledge Revivals: David Mamet (1985) by Dennis J. Baker
Cover of the book Comfort in a Lower Carbon Society by Dennis J. Baker
Cover of the book Steel Production by Dennis J. Baker
Cover of the book Gender, Nature, and Nurture by Dennis J. Baker
Cover of the book Evidence in the Psychological Therapies by Dennis J. Baker
Cover of the book Globalization, Competition and Growth in China by Dennis J. Baker
Cover of the book Interpreting Statutes by Dennis J. Baker
Cover of the book An Introduction To the Logic of Psychological Measurement by Dennis J. Baker
Cover of the book Focused Equipment Improvement for TPM Teams by Dennis J. Baker
Cover of the book Wittgenstein, Theory and the Arts by Dennis J. Baker
Cover of the book Money, Valuation and Growth by Dennis J. Baker
Cover of the book Solar Photovoltaic Basics by Dennis J. Baker
Cover of the book The Economics of Waste by Dennis J. Baker
Cover of the book A Handbook for Learning Support Assistants by Dennis J. Baker
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy