University of Surrey

Test tubes in the lab Research in the ATI Dance Research

Criminally ignorant : why the law pretends we know what we don't

Sarch, Alexander (2019) Criminally ignorant : why the law pretends we know what we don't Oxford University Press (OUP). ISBN 9780190056575

Full text not available from this repository.

Abstract

This is a book about the legal fiction that sometimes we know what we don't. The willful ignorance doctrine says defendants who bury their heads in the sand rather than learn they're doing something criminal are punished as if they knew. Not all legal fictions are unjustified, however. This one, used within proper limits, is a defensible way to promote the aims of the criminal law. Preserving your ignorance can make you as culpable as if you knew what you were doing, and so the interests and values protected by the criminal law can be promoted by treating you as if you had knowledge.

This book provides a careful defense of this method of imputing mental states based on equal culpability. On the one hand, the theory developed here shows why the willful ignorance doctrine is only partly justified and requires reform. On the other hand, it demonstrates that the criminal law needs more legal fictions of this kind. Repeated indifference to the truth may substitute for knowledge, and very culpable failures to recognize risks can support treating you as if you took those risks consciously. Moreover, equal culpability imputation should also be applied to corporations, not just individuals. Still, such imputation can be taken too far. We need to determine its limits to avoid injustice. Thus, the book seeks to place equal culpability imputation on a solid normative foundation, while demarcating its proper boundaries. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing need for reform.

Item Type: Book
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
NameEmailORCID
Sarch, Alexandera.sarch@surrey.ac.uk
Date : 18 June 2019
Copyright Disclaimer : Copyright 2019 Alexander Sarch
Uncontrolled Keywords : Legal fictions; Willful ignorance; Knowledge Recklessness; Mens rea; Motivated reasoning; Duty to inform oneself; Criminal law reform; Criminal culpability; Corporate mental states
Related URLs :
Additional Information : ISBN-10 - 0190056576
Depositing User : Clive Harris
Date Deposited : 16 Apr 2019 10:31
Last Modified : 21 Feb 2020 16:48
URI: http://epubs.surrey.ac.uk/id/eprint/851558

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year


Information about this web site

© The University of Surrey, Guildford, Surrey, GU2 7XH, United Kingdom.
+44 (0)1483 300800