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Email

fgs23@cam.ac.uk

Associate Professor

Interests

Criminal law, evidence, and procedure. Philosophy.

CV / Biography

Findlay Stark graduated from the Universities of Aberdeen (LLB (Hons), LLM by Research) and Edinburgh (PhD), before joining the Faculty of Law in 2012 as a Temporary Lecturer in Criminal Law. He was then the inaugural Yates Glazebrook Fellow and College Lecturer in Law at Jesus College, Cambridge (2012-2015), and a Fixed-Term Lecturer in Criminal Law at the Faculty (2014-2015). Findlay was appointed as a University Lecturer in the Faculty in 2015 and was promoted to University Senior Lecturer in 2018. His title was converted to Associate Professor (Grade 10) in 2021.

From 2016-2018, Findlay served as Academic Secretary of the Faculty – one of three ‘Officers’ responsible for the day-to-day running of the Faculty – and from October 2022 he will serve as Chair of the Degree Committee (which oversees matters related to the admission and progress of PhD students). He has also been a co-Deputy Director of the Cambridge Centre for Criminal Justice since its inception in 2016, and will become a co-Director of the Centre in October 2022.

Findlay’s research focuses on criminal law, evidence, and procedure, often with reference to work in moral, legal and political philosophy. He is also interested in legal philosophy (legal theory, jurisprudence) more generally.

A list of Findlay’s most significant publications is to be found below. Much of Findlay’s research to date has focussed on mens rea – the fault element in crime – and particularly recklessness and negligence. His 2016 monograph, Culpable Carelessness: Recklessness and Negligence in the Criminal Law was published by Cambridge University Press. It was reviewed by Dr Andrew Cornford (Edinburgh) in the Criminal Law Review, Professor Kimberly Kessler Ferzan (Virginia) in the Modern Law Review, Professor Jonathan Herring (Oxford) in the Law Quarterly Review, and Professor Alexander Sarch (Surrey) in Criminal Law and Philosophy. His research has also appeared in leading journals including the Cambridge Law Journal, Criminal Law and Philosophy, the Modern Law Review, and the Oxford Journal of Legal Studies, as well as in edited collections of essays published by leading legal publishers such as Cambridge University Press, Hart, and Oxford University Press.

Together with Professors Simester, Spencer, Sullivan and Virgo, Findlay was an author/editor of the sixth (2016) and seventh (2019) editions of Simester and Sullivan’s Criminal Law: Theory and Doctrine – an advanced textbook on criminal law published by Hart. An eighth edition, co-author/edited with Professors Child, Simester, Spencer, and Virgo, will be published by Hart in September 2022.

Findlay was a Note Editor (2015-2019) and a General Editor (2019-2020) of the Cambridge Law Journal, and serves on the editorial committees of Criminal Law Forum (2019-) and the Criminal Law Review (2017-).

Findlay is interested in comparative criminal law theory, and has been part of the Core Concepts in Criminal Law and Criminal Justice project, headed by Professor Kai Ambos at Göttingen, since its inception. He is a member of the organising committee of the project’s Virtual Comparative Criminal Law seminar, headed by Professor Alec Walen at Rutgers, and welcomes expressions of interest from persons interested in talking at a future seminar.

Findlay is committed to engagement with practitioners, and achieving ‘impact’. In 2014-2015, he served as a member of the Academic Expert Group that assisted the Post-Corroboration Safeguards Review (commissioned by the Scottish Government, and chaired by Lord Bonomy). He was one of the founders of the popular Assize seminars on criminal law. He has given a variety of talks to practitioners, including a Criminal Bar Association update lecture. Findlay was an Academic Door Tenant, and is now an Academic Associate, at 23 Essex Street, a leading criminal law set. Findlay’s research has been cited by the New Zealand Supreme Court (the mens rea of attempts) and the Hong Kong Court of Final Appeal (the history of complicity liability), and in successive editions of the Scottish Jury Manual (breach of the peace).

Findlay welcomes inquiries regarding potential research supervision in the fields of criminal law (theory and doctrine), procedure and evidence. His current research supervisees are Khomotso Moshikaro, Sara Trainor, and Forest Yu, and he is Advisor to Jeanne-Rose Arn, Harry Harland, and Giordana Campagna.

Findlay’s Twitter handle is @FGFStark.

Publications

 

Books

Simester and Sullivan's Criminal Law: Theory and Doctrine (with John Child, Andrew Simester, John Spencer, Graham Virgo) (Hart) 8th Edition, forthcoming

Co-Author/s:
John Child, Andrew Simester, John Spencer, Graham Virgo
Publisher:
Hart
Published Forthcoming

Simester and Sullivan’s Criminal Law: Theory and Doctrine (with Andrew Simester, John Spencer, Bob Sullivan and Graham Virgo) (Hart, 2019) 7th Edition

Co-Author/s:
Andrew Simester, John Spencer, Bob Sullivan and Graham Virgo
Publisher:
Hart
ISBN 13:
9781509926688
Published Aug 2019

Culpable Carelessness: Recklessness and Negligence in the Criminal Law (Cambridge University Press, 2018)

Culpable Carelessness: Recklessness and Negligence in the Criminal Law (Cambridge University Press, 2016)

Simester and Sullivan's Criminal Law: Theory and Doctrine (with Andrew Simester, John Spencer, Bob Sullivan and Graham Virgo) (Hart, 2016) 6th Edition

Co-Author/s:
Andrew Simester, John Spencer, Bob Sullivan and Graham Virgo
Publisher:
Hart
ISBN 13:
9781849467223
Published Sep 2016

Articles

"Judicial Development of the Criminal Law by the Supreme Court" (2021) 41 Oxford Journal of Legal Studies 1-29

Citation:
(2021) 41 Oxford Journal of Legal Studies 1-29
DOI:
https://doi.org/10.1093/ojls/gqaa031
Published: Jan 2021

"The Reasonableness in Recklessness " (2020) 14 Criminal Law and Philosophy 9-29

"Reckless Manslaughter " [2017] Criminal Law Review 763-784

Citation:
[2017] Criminal Law Review 763-784
Published: Oct 2017

"The Demise of 'Parasitic Accessorial Liability': Substantive Judicial Law Reform, Not Common Law Housekeeping" (2016) 75(3) Cambridge Law Journal 550-579

Citation:
(2016) 75(3) Cambridge Law Journal 550-579
DOI:
10.1017/S0008197316000611
Published: Nov 2016

"Necessity and Nicklinson" [2013] Criminal Law Review 949-965

Citation:
[2013] Criminal Law Review 949-965
Published: Dec 2013

"Wiping the Slate Clean: Reforming Scots Law's Approach to Evidence of the Accused's Bad Character" (2013) 76 Modern Law Review 346-369

Citation:
(2013) 76 Modern Law Review 346-369
Published: Mar 2013

"It's Only Words: On Meaning and Mens Rea" (2013) 72 Cambridge Law Journal 155-177

Citation:
(2013) 72 Cambridge Law Journal 155-177
Published: Mar 2013

Book Chapters

"Against Knowledge (in the Criminal Law)" in AP Simester (ed(s)), Modern Criminal Law: Essays in Honour of GR Sullivan (Hart), forthcoming

Publisher:
Hart
Published Forthcoming

"Tort Law, Expression and Duplicative Wrongs " in Paul Miller and John Oberdiek (ed(s)), Civil Wrongs and Justice in Private Law (Oxford University Press, 2020), pp. 441-462

Publisher:
Oxford University Press
Pages:
441-462
ISBN 13:
9780190865269
Published Apr 2020

"Preparatory Offences" (with Stefanie Bock) in Antony Duff et al (ed(s)), Core Concepts in Criminal Law and Justice (Cambridge University Press, 2020), pp. 54-93

Publisher:
Cambridge University Press
Pages:
54-93
Published Jan 2020

"R v Howe (1987)" (with Henry Mares, Ian Williams and Phil Handler (Eds),), Landmark Cases in Criminal Law (Hart Publishing, 2016)

Publisher:
Hart Publishing
ISBN 13:
9781849466899
Co-Author/s:
Henry Mares, Ian Williams and Phil Handler (Eds),
Published Dec 2016

Reports

Post-corroboration Safeguards Review: Report of the Academic Expert Group

Co-Author/s:
James Chalmers, Fraser Davidson, Peter Duff, Pamela Ferguson, Fiona Leverick and Alasdair Shaw
Published: Oct 2014