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

Preview

Text edwardsjcl.pdf Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (623kB) | Preview

Abstract

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.

Actions (login required)

View Item