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Problem Solving in Criminal Law
Birmingham Law School research project
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What are the acceptable limits of the criminal law?
This is crucial normative question, and one which has become increasingly important over recent decades with the proliferation of ever more diverse and complex forms of liability. One response is to devise a grand theory of criminal law that seeks to capture its essence within a single definition or formula; providing guidelines on the legitimate and (more importantly) the illegitimate targets of future offences. It is doubtful, however, that any single unifying theory of this kind is possible, and certainly doubtful that the abstract terms necessary for it could provide anything more than vague signalling to law reform. To address the central question then, and to do so in a more applicable manner, a narrower lens is required. Rather than asking for limits to criminalisation in general, we focus on the acceptable limits and fair construction of criminal rules as they apply within different sub-fields.
Across a series of ‘problem solving’ projects, Professor John Child's research locates and critically engages with problematic sub-fields throughout the criminal law. This includes work that challenges the design of criminal offences and defences, arguing that certain forms of liability are over-criminalising in their effects (eg, work on complicity, inchoate liability, prior-fault, etc), as well as work defending minimum requirements for criminal liability, such as the voluntary act requirement.
John is currently leading two main collaborative projects: the AHRC funded ‘Criminal Law Reform Now Network’ project, and the British Academy funded ‘Prior-Fault’ project. The aim across both ‘problem solving’ projects is to produce clear and sensible routes forward for law reform.
Criminal Law Reform Now Network
Criminal Law Reform Now Network
Launched in 2017, the mission of the CLRN Network is to facilitate collaboration between academics and other legal experts to gather and disseminate comprehensible proposals for criminal law reform to the wider community. We include members of the public and mainstream media as well as legal professionals, police, policymakers and politicians. Our proposals might require legislation but we do not restrict ourselves to such projects. Reforms which public bodies such as the Home Office, Police or CPS can bring about by internal policies interest us, as do reforms which require the support of some of the judiciary, bearing in mind the proper judicial constraints on law making. We are ready to consult with and make suggestions to anyone who has the power to bring about reform.
CLRNN Projects include:
- CLRNN 1: The Computer Misuse Act 1990 - Report Published (2020)
- CLRNN 2: The system of Private Prosecutions
- CLRNN 3: Consent and Deception - Report Published (2023)
- CLRNN 4: The Regulation of Drugs
Supported by:
Prior-Fault Project
Prior-Fault Project
This project brings together researchers from law, philosophy and neuroscience to explore criminal blame for conduct that leads to accidental or mistaken harms. For example, where an intoxicated defendant accidentally damages property, or harms a person in the mistaken belief that self-defence was necessary, to what extent (and how) should their choice to become intoxicated effect our judgements of blame? Prior-fault rules, creating liability in these circumstances, can be found across most criminal law jurisdictions; but have been widely criticised for their over-criminalising effects.
The project is run in collaboration with the Sentencing Council for England and Wales, Australian Law Reform Commission, New South Wales Law Reform Commission, South Australian Law Reform Institute, Tasmania Law Reform Institute, Jersey Law Commission, Law Reform Commission of Hong Kong, New Jersey Law Reform Commission, Scottish Law Commission, as well as several less formal collaborations beyond this.
- Recorded presentation on prior fault: Is ‘voluntary intoxication’ an acceptable proxy for criminal culpability?
This research is supported by the British Academy’s Knowledge Frontiers: International Interdisciplinary Research Projects 2019.
Professor John Child
Professor John Child
Professor John Child
Professor of Criminal Law
John Child specialises in criminal law, doctrine and theory, and the relationship between criminal law and neuroscience. John co-authors a leading criminal law textbook, Simester and Sullivan’s Criminal Law, as well as co-directing the Criminal Law Reform Now Network.
Academic outputs
Academic outputs
- Child, J & Hunt, A 2021, 'Beyond the present-fault paradigm: expanding mens rea definitions in the general part', Oxford Journal of Legal Studies.
- Child, J 2021, 'Knowledge by any other name: Alexander Sarch on wilful ignorance', Jurisprudence, vol. 12, no. 2, pp. 236-246.
- Goldberg, A, Child, J, Crombag, H & Roef, D 2021, 'Prior-fault blame in England and Wales, Germany and the Netherlands', Journal of International and Comparative Law (JICL), vol. 8, no. 1, pp. 53-86
- Child, J, Crombag, H & Sullivan, R 2020, 'Defending the delusional, the irrational, and the dangerous', Criminal Law Review
- Child, J, Crombag, H & Fortson, R 2022, Understanding the ‘fault’ in prior-fault intoxication: insights from behavioural neuroscience. in A Reed & M Bohlander (eds), Fault in criminal law: A research companion. 1st edn, Substantive Issues in Criminal Law, Routledge.
- Crombag, H, Child, J & Sullivan, GR 2020, 'Debating Intoxication: response to commentaries', Addiction, vol. 115, no. 12, pp. 2210-2212
- Child, J & Duff, A (eds) 2018, Criminal Law Reform Now: Proposals and Critique. 1 edn, Hart Publishing.
- Child, J 2021, 'Defence of a basic voluntary act requirement in criminal law from philosophies of action' New Criminal Law Review, vol. 24, no. 1.
- Child, J & Rogers, J 2017, 'Criminal Law Reform Now: A New Reform Network' Journal of Criminal Law, vol. 81, no. 4, pp. 282-291.
- Child, J ‘Prior fault: blocking defences or constructing crimes’ in Reed, A. & Bohlander, M. (eds.) 2014 General Defences in Criminal Law: Domestic and Comparative Perspectives (Substantive Issues in Criminal Law).
Engagement and resources
Engagement and resources
- Cyber Up: Cyber experts write to the government calling for reform to the CMA
- www.clrnn.co.uk
- @CLRNNetwork
- 'Reforming the Computer Misuse Act 1990' Criminal Law Reform Now Network Report 2020 Executive Summary and Report in Full
- 'Cybersecurity and the UK Election: How Current Cyber Laws are Making the UK Less Safe' John Child