Criminal liability for serious traffic offences : essays on causing death, injury and danger in traffic / editors Alwin van Dijk, Hein Wolswijk.

Format:

Book

Contributor:

Dijk, Alwin van, editor.

Wolswijk, Hein, editor.

Series:

Governance & recht ; 11.

Governance & Recht ; 11

Language:

English

Subjects (All):

Liability for traffic accidents--Netherlands.

Liability for traffic accidents.

Traffic accidents.

Physical Description:

1 online resource (241 p.)

Edition:

1st ed.

Place of Publication:

The Hague, Netherlands : Eleven International Publishing, 2015.

Language Note:

English

Summary:

The criminal law on serious traffic offenses presents legislators with numerous controversial issues.One such issue is when severe consequences are matched with low moral culpability.How should the law deal with a driver who kills someone because she failed to see the person when looking?.

Contents:

Cover; Title Page; Preface; Table of Contents; Chapter 1 The Complex Nature of Serious Traffic Offences; 1.1 Introduction; 1.2 The Complex Legislative Choices Underlying the Criminalization of SeriousTraffic Offences; 1.2.1 The Many Variables Involved in Drafting Serious Traffic Offences; 1.2.2 Some Essential Legislative Issues; 1.2.3 Conclusion; 1.3 The Complex Interpretative Questions Emerging in Traffic Cases; 1.4 Outline; Chapter 2 Serious Traffic Offences: The Dutch Perspective; 2.1 Introduction; 2.2 Some General Characteristics of Dutch Criminal Law

2.3 An Overview of Dutch Criminal Traffic Law2.3.1 Traffic Offences Involving No Harm (Conduct Offences); 2.3.2 Intentional Offences; 2.3.3 Negligent Homicide and Negligently Causing Serious Injury in Traffic; 2.4 The Lower Limit of Negligence; 2.4.1 General Approach to Establish Negligence; 2.4.2 Categories of Punishable Negligence; 2.5 The Boundary Between Plain Negligence and Recklessness; 2.5.1 Introduction of Recklessness as a Form of Negligence; 2.5.2 Meaning of Recklessness; 2.6 Gaps in Dutch Criminal Traffic Law?; 2.6.1 Harmful Consequences and Mens Rea

2.6.2 Causing a Serious Accident by Culpa Levis2.6.3 Dangerous Traffic Behaviour Without (Serious) Consequences; 2.7 Conclusion; Bibliography; Chapter 3 Serious Driving Offences in England and Wales; 3.1 Introduction; 3.2 Common Law Homicide Offences; 3.2.1 Murder; 3.2.2 Manslaughter; 3.3 Statutory Causing Death by Driving Offences; 3.3.1 Causing Death by Dangerous Driving (CDDD); 3.3.2 Causing Death by Careless Driving (CDCD); 3.3.3 Causing Death by Careless Driving Whilst under the Influence of Drink or Drugs(CDCDUI)

3.3.4 Causing Death by Driving Whilst Uninsured, Unlicensed or Disqualified(CDUD)3.4 Serious Non-Fatal Driving Offences; 3.4.1 Causing Serious Injury by Dangerous Driving (CSIDD); 3.5 Causation; 3.6 Police Investigations, the CPS and the Role of the Bereaved; 3.7 Conclusion; Bibliography; Chapter 4 French Criminal Law and Serious Traffic Offences:Aspects of Fault and Causation; 4.1 Introduction: Relevant Background; 4.1.1 General Background: Civil Law and Codification; 4.1.2 Driving-Related Offences: The Legislative Background; 4.1.2.1 Sensitisation; 4.1.2.2 Prevention; 4.1.2.3 Repression

4.1.3 Towards Legislative Overkill?4.2 Liability for Serious Driving Offences; 4.2.1 Offences for Involuntary Manslaughter and Involuntarily Causing Injury; 4.2.1.1 The Substantive Offences; 4.2.1.2 The Aggravating Scale; 4.2.2 Fault and Causation in French Criminal Law: Complementary Concepts; 4.2.2.1 Fault and Causation in French Criminal Law; 4.2.2.2 Fault and Causation: Uncomfortable Bed Fellows or NuancedComplementarity?; 4.2.3 Fault and Causation in Serious Driving Offences: Creating a Severe Regime ofLiability; 4.2.3.1 Causation in Serious Driving Offences

4.2.3.2 'Faute Simple' and Quasi-Automatic Liability

Notes:

Description based upon print version of record.

Includes bibliographical references.

Description based on online resource; title from PDF title page (ebrary, viewed April 23, 2015).

Description based on publisher supplied metadata and other sources.

ISBN:

94-6274-141-7

OCLC:

907238583