CCCJ: Lunchtime work in progress session: 'Against Knowledge (in the Criminal Law)'

Speaker: Dr Findlay Stark

This is a Work in Progress lunchtime meeting between 12.30-1.30pm on 25th Feb.

Knowledge is a well-established fault element in English criminal law. I argue that it should not be employed any longer. In relation to circumstance elements, knowledge is either typically inapposite (particularly in relation to propositions regarding future matters that are contingent on facts that have yet to be resolved), or unnecessarily complex in comparison to stating the actus reus more fully. Knowledge also creates problems when used in relation to consequences (typically as an aspect of intention, in English law) – namely the over-privileging of moral luck (and, concomitantly, the underplaying of culpability), and the narrowing of offences in a way that does not respond to legitimate concerns regarding overcriminalisation. Other fault elements avoid these problems, and they should be utilised in knowledge’s stead.

Please contact Dr Rachel Tolley (rc764@cam.ac.uk) for a link to the Zoom meeting and the paper.