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Fatigue and the Criminal Law

descriptionPublicationkeyboard_double_arrow_right Article 01 Jan 2005 English Publisher:National Institute of Industrial HealthJournal:Industrial Health, volume 43, pages 63-70 (issn: 0019-8366, eissn: 1880-8026,

Authors: Shanthakumar M W Rajaratnam; Christopher B Jones; Jillian Dorrian;

doi: 10.2486/indhealth.43.63

pmid: 15732306

Fatigue and the Criminal Law

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Abstract

Fatigue is an increasingly recognised risk factor for transportation accidents. In light of this, there is the question of whether driving whilst fatigued should be a criminal offence. This paper discusses the current legal position, including the problems of voluntary conduct and self awareness. Three models for reform are proposed. The manner in which scientific research can inform legal consideration and future directions for research are discussed.

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Keywords

Automobile Driving, Risk-Taking, Risk Factors, Criminal Law, Dangerous Behavior, Accidents, Traffic, Humans, Sleep Deprivation, Safety, Fatigue

Impact byBIP!

	citations This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).	31
	popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.	Top 10%
	influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).	Top 10%
	impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.	Top 10%