On the Use of Strict Liability in the Criminal Law

1987 ◽  
Vol 17 (2) ◽  
pp. 395-407 ◽  
Author(s):  
Christine T. Sistare
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Controversial Issue ◽  
Financial Statement ◽  
Secretary Of State ◽  
Liability Without Fault ◽  
The Law

A highly controversial issue in criminal law theory has been the use of strict liability offenses, i.e., offenses which create liability ‘without fault.’ The collection of strict liability offenses is varied according to the element of the particular offense with respect to which liability is strict. For example, a statute prohibiting the filing of a false financial statement with the Secretary of State might impose liability despite a reasonable error as to the truth of the statement, or as to the financial nature of the statement, or as to the identity of the official in question. What all strict liability offenses have in common is the imposition of liability despite the possibility of reasonable mistake or due care regarding some important element of the offense. Generally, then, a strict liability offense is one to which a claim of no-negligence is not a defense. Indeed, such a claim will not even be heard. All that the prosecution need prove is the voluntary commission of the proscribed acts by the defendant; no other question concerning the defendant's efforts or opportunity to obey the law is relevant to liability or conviction.

4. Negligence and strict liability

2021 ◽  
pp. 126-150
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
European Convention ◽  
Mens Rea ◽  
The Law ◽  
Sexual Services

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the meaning of negligence, arguments for and against negligence as a basis for criminal liability, the meaning of strict liability, the origins of and justifications for strict liability, the presumption of mens rea in offences of strict liability, defences to strict liability, and strict liability and the European Convention on Human Rights. The feaeture ‘The law in context’ examines critically the use of strict liability as the basis for liability in the offence of paying for the sexual services of a person who has been subject to exploitation.

X. Modelle objektiver Haftung im Deliktsrecht: Das schwerwiegende Erbe des römischen Rechts

2015 ◽  
Vol 132 (1) ◽  
Author(s):  
Maria Floriana Cursi
Keyword(s):  
Strict Liability ◽  
Roman Law ◽  
Vicarious Liability ◽  
Injured Person ◽  
Actual Nature ◽  
The Family ◽  
Liability Without Fault ◽  
The Law ◽  
Civil Codes

AbstractForms of strict liability in the law of delicts: The heavy legacy of Roman law. In Roman law there are two forms of delictual strict liability - i.e. liability for damages, regardless of the participation of the liable person to the harmful act. According to the first model, the pater familias / dominus is liable, because he is the only one in the family who can pay compensation. The second model is instead based on a reference to culpa in eligendo or in vigilando, and the strict liability is justified by the need to ensure an absolute protection of the injured person. The civilian tradition has built its theory of strict liability on this second model, speaking of culpa in vigilando or in eligendo even when - after the distinction between iniuria and culpa was introduced by Chr. Thomasius - strict liability was conceived as liability without fault. This has led to a gap, in the European civil codes, between the dogmatic construction of vicarious liability as subjective, because based on culpa, and its actual nature of objective liability, regardless of fault.

Criminal Law Concentrate

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Sexual Offences ◽  
Essential Information ◽  
Actus Reus ◽  
Recent Developments ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Criminal Law Concentrate covers fundamental principles of this area of law and helps the reader to succeed in exams. Topics covered include the basis of criminal liability, actus reus, mens rea, and strict liability. The chapters also examine offences such as non-fatal offences, sexual offences, homicide, inchoate offences, theft, and fraud. Defences are also examined in the final two chapters. This edition has been updated to include: recent developments in the law and new cases such as Jogee, Conroy, Golds, Ivey, and Joyce; more detail on sexual offences; more revision tips and tables to improve learning; and an ‘Exam essentials’ feature.

Criminal Law Concentrate

2020 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Sexual Offences ◽  
Essential Information ◽  
Actus Reus ◽  
Recent Developments ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Criminal Law Concentrate covers fundamental principles of this area of law and helps the reader to succeed in exams. Topics covered include the basis of criminal liability, actus reus, mens rea, and strict liability. The chapters also examine offences such as non-fatal offences, sexual offences, homicide, inchoate offences, theft, and fraud. Defences are also examined in the final two chapters. This edition has been updated to include: recent developments in the law and new cases such as Jogee, Conroy, Golds, Ivey, and Joyce; more detail on sexual offences; more revision tips and tables to improve learning; and an ‘Exam essentials’ feature.

What Mistake Of Law Just Might Be

2015 ◽  
Vol 18 (3) ◽  
pp. 369-417
Author(s):  
Ahson T. Azmat
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Safe Harbor ◽  
Legal Knowledge ◽  
Legal Moralism ◽  
Moral Content ◽  
Traditional Account ◽  
Insurance Effect ◽  
The Law ◽  
Negligence Rule

This Article examines and evaluates a distinctive, increasingly popular account of the Mistake of Law doctrine. The doctrine, deeply ingrained in American criminal law, is at the same time notoriously unclear in its scope, content, and application. A growing number of legal theorists have criticized the traditional interpretation of the doctrine; legal moralists in particular have argued that this account is conceptually confused. Because the doctrine’s use of a strict liability punishment regime does not incentivize individuals to learn the law as well as a negligence regime might, legal moralists argue that the doctrine cannot be explained by a desire to incentivize legal knowledge. In evaluating this argument, the Article defends the traditional account, often identified with the liberal positivism of Justice Holmes. The Article advances three main arguments. First, legal moralism’s claim that a negligence standard is more effective than a strict liability standard in incentivizing individuals to learn the law is false: the safe harbor provision of a negligence rule acts as an insurance effect, disincentivizing individuals to learn the law. Second, legal moralism assumes that the moral content of the criminal law is determinate, and that agents have perfectly rational, objective motivational sets. These are illicit assumptions that result in a flawed argument. Finally, the Article contends that legal moralism misinterprets the structural core of the traditional account: properly understood, the Mistake of Law doctrine employs a negligence–strict liability hybrid, and is thus more sophisticated than legal moralists realize. The Article concludes that, contrary to what a surprising number of criminal law theorists have come to accept, legal moralism fails to make a plausible case against the traditional account of the Mistake of Law doctrine.

Complete Criminal Law

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Fully Integrated ◽  
Legal Principles ◽  
Active Approach ◽  
Clear Explanation ◽  
Wide Range ◽  
Moral Context ◽  
Commission Report ◽  
The Law

Complete Criminal Law offers a student-centred approach to the criminal law syllabus. Clear explanation of general legal principles is combined with fully integrated extracts from the leading cases and a wide range of academic materials. This text aims to engage the reader in an active approach to learning and to stimulate reflection about the role of criminal law, offering a complete guide to the LLB/CPE criminal law syllabus with extracts from key cases, academic materials, and explanatory text integrated into a clear narrative. It provides a range of pedagogical features, including concise summaries, diagrams, and examples. Thinking points are included to facilitate and reinforce understanding. Students are referred to the social and moral context of the law, wherever relevant, to encourage them to engage fully with the topical subject matter. This new edition includes coverage of several recent cases of importance including: a more detailed consideration than was possible in the 5th edition of Jogee; Johnson (Lewis) (secondary participation); Johnson (Wayne) (knowledge, strict liability); Golds, Joyce & Kay, Squelch, Wilcocks (diminished responsibility); Meanza (loss of control); Bowler (unlawful act manslaughter); Brandford (duress); Ray (self-defence); the Law Commission report Reform of Offences Against the Person (November 2015).

Criminal Law

2019 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 28 years. This is the fifteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

Criminal Law

2021 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 30 years. This is the sixteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

Criminal Law

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Sexual Offences ◽  
Theoretical Context ◽  
Actus Reus ◽  
Part Structure ◽  
The Law

This edition of Criminal Law: Text, Cases, and Materials offers an exceptional depth of analysis and a wealth of cases and materials all set within the theoretical context of criminal law. The two-part structure of each chapter in the book—the first part explaining the law as it is, the second examining the theoretical aspects—ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of the surrounding philosophical and ethical debates. The book looks at actus reus and mens rea, and strict liability, and also examines homicide, non-fatal non-sexual offences, sexual offences, theft, handling, robbery, and fraud. It further analyses issues relating to burglary and blackmail, criminal damages, and defences, and finally, considers criminal liability of corporations, inchoate offences, and complicity.

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