The Cunningham recklessness test is now the accepted test for recklessness. The case of Elliot was a very convincing argument for the Cunningham recklessness. However, is this subjective test too easy on defendants? Surely it is easy to get convictions under the objective Caldwell test?Wednesday, 8 July 2009
Is the subjective 'Cunningham test' too easy on offenders?
The Cunningham recklessness test is now the accepted test for recklessness. The case of Elliot was a very convincing argument for the Cunningham recklessness. However, is this subjective test too easy on defendants? Surely it is easy to get convictions under the objective Caldwell test?
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