Recognising the Role of the Emotion of Fear in Offences and Defences

Edwards, Susan (2019) Recognising the Role of the Emotion of Fear in Offences and Defences. Journal of Criminal Law. ISSN 0022-0183

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Abstract Anger, its part in human conduct and in crime commission has been much discussed and accorded a privileged status within the law, whilst the role of fear has been less considered. Notwithstanding, fear and related emotional states have received some recognition as intrinsic elements of the perpetrator’s object integral to the actus reus of certain offences and relevant to the defendant’s mens rea of some defences. The harm caused by deliberately or negligently instilling fear in another is inconsistently considered in law as is its impact on criminal responsibility and mens rea. Fear has been recently acknowledged as a permissible cause of loss of self-control in a partial defence to murder. It remains a contested emotion and as with anger the male experience of what circumstances trigger fear predominates.

Item Type: Article
Uncontrolled Keywords: Fear; Offences; Defences; Emotion; Coercion
Subjects: K Law > K Law (General)
Divisions: School of Law
Depositing User: Rachel Pollard
Date Deposited: 14 May 2019 11:21
Last Modified: 22 May 2020 00:15

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