Book section
Against accomplice liability
- Abstract:
- Accomplice liability makes people guilty of crimes they knowingly helped or encouraged others to commit, even if they did not commit the crime themselves. But this method of criminalizing aiders and abettors is fraught with problems. In this chapter, I argue that accomplice liability in the criminal law should be replaced with a system in which agents are criminalized on the basis of their individual contributions to causings of harm—the larger the contribution, the more severe the crime—regardless of whether those contributions were made “through” the actions of another person. Not only would this avoid the issues associated with making the guilt of accomplices parasitic on the guilt of the principal, it would also fill gaps in the law concerning other cases to which accomplice liability does not apply.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
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(Preview, Version of record, pdf, 269.1KB, Terms of use)
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- Publisher copy:
- 10.1093/oso/9780192848871.003.0005
Authors
Contributors
+ Gardner, J
- Institution:
- University of Oxford
- Division:
- SSD
- Department:
- Law
- Sub department:
- Law Faculty
- Role:
- Editor
+ Green, L
- Institution:
- University of Oxford
- Division:
- SSD
- Department:
- Law
- Sub department:
- Law Faculty
- Role:
- Editor
+ Leiter, B
- Role:
- Editor
- Publisher:
- Oxford University Press
- Pages:
- 124-154
- Series:
- Oxford Studies in Philosophy of Law
- Series number:
- 4
- Place of publication:
- Oxford
- Publication date:
- 2021-11-18
- Acceptance date:
- 2021-01-20
- DOI:
- ISBN:
- 9780192848871
- Language:
-
English
- Keywords:
- Pubs id:
-
1157872
- Local pid:
-
pubs:1157872
- Deposit date:
-
2021-01-22
Terms of use
- Copyright holder:
- Alexander Kaiserman
- Copyright date:
- 2021
- Rights statement:
- © the several contributors 2021.
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