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Punishing drivers who kill: putting road safety first?

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journal contribution
posted on 2012-07-10, 14:02 authored by Sally Cunningham
This article seeks to argue that the new offence of causing death by careless driving is undesirable and ought not to have been created. From a legal perspective, the offence goes against some fundamental principles of criminal law and, from a practical view, it will fail to rectify previous problems with the pre-existing offences available as criminal charges in cases of road death. Furthermore, it will not satisfy the public’s appetite for a more punitive approach to drivers who kill. It will be argued that the law in this area should not be driven by this latter consideration but that it should be used primarily as a method of increasing road safety. A radical alternative offence structure of general driving offences is proposed with this as its objective.

History

Citation

Legal Studies, 2007, 27 (2), pp. 288-311

Author affiliation

/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law

Version

  • AM (Accepted Manuscript)

Published in

Legal Studies

Publisher

Blackwell Publishing

issn

0261-3875

eissn

1748-121X

Copyright date

2007

Available date

2012-07-10

Publisher version

http://onlinelibrary.wiley.com/doi/10.1111/j.1748-121X.2007.00047.x/abstract;jsessionid=5C53533D14E0D3E12EC90C809E770EEC.d02t03

Language

en

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