Abstract In some earlier articles, Kimberly Ferzan and I argued that an actor who is, at the time of his act, unaware of the danger to others or its degree that the act poses, and is thus not reckless in so acting, cannot be deemed culpable for so acting. He may have acted culpably at some earlier time when he was aware of the contemplated act’s dangerousness. But if he becomes unaware of that dangerousness at the time he acts, he is not culpable for so acting that time. Negligence, which assumes unawareness of an act’s riskiness, cannot be a basis of culpability. Alexander Greenberg attempts to undermine our view, which has huge implications for criminal law, but we show that he fails to do so.
Larry Alexander (Thu,) studied this question.