The paradigm example of this is prior-fault intoxication, where an intoxicated defendant is found liable for an offence despite lacking mental fault at the time of causing harm with the missing mental fault effectively substituted by their previous choice to become intoxicated. Prior-fault rules operate as an exception to the traditional application of criminal offences and defences, allowing a defendant’s previous conduct outside of an offence or defence definition to directly affect his or her liability.
N2 - This article explores the contested legal conceptualisation and application of “prior-fault” rules in England and Wales, Germany and the Netherlands. T1 - Prior-fault blame in England and Wales, Germany and the Netherlands Through the comparison of jurisdictions, each with varying doctrinal applications of prior-fault, the article seeks both to better understand the concept as well as to analyse the most effective and defensible methods for its application in practice. However, as we discuss, prior-fault is not necessarily limited to such examples and has the potential to operate across a broad range of criminal rules. Prior-fault rules operate as an exception to the traditional application of criminal offences and defences, allowing a defendants previous conduct outside of an offence or defence definition to directly affect his or her liability.
Through the comparison of jurisdictions, each with varying doctrinal applications of prior-fault, the article seeks both to better understand the concept as well as to analyse the most effective and defensible methods for its application in practice.Ībstract = "This article explores the contested legal conceptualisation and application of “prior-fault” rules in England and Wales, Germany and the Netherlands. This article explores the contested legal conceptualisation and application of “prior-fault” rules in England and Wales, Germany and the Netherlands.
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