Strict liability essay

Strict liability essay

Strict Liability Essay. Topics in Criminal Law May 25, Abstract Strict liability crimes require no culpable mental state and present a significant exception to the principle that all crimes require a conjunction of action and mens rea. Strict liability offenses make it a crime simply to do something, even if the offender has no intention Strict liability is the placing of liability upon the defendant (s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident. There are a number of arguments for and against strict liability, and this essay will identify and explore these. Read More Strict Liability in Criminal Law. of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. Strict liability is the placing of liability upon the

Strict Liability - College Essay Examples

Topics in Criminal Law May 25, Abstract Strict liability crimes require no culpable mental state and present a significant exception to the principle that all crimes require a conjunction of action and mens rea. Strict liability offenses make it a crime simply to do something, even if the offender has no strict liability essay of violating the law or causing the resulting harm.

Strict liability crimes require no culpable mental state and present a significant exception to the principle that all crimes require a conjunction of action and mens rea. Mens area is the mental aspect of criminal law; it can be easily summarized as the idea of motive. There are essentially four different kinds of Mens rea, intention, where it was planned.

Knowledge, negligence and recklessness are the other circumstances where an individual can be describe as being guilty of the mind Simons, Criminal liability is what unlocks the logical structure of the Criminal Law.

Each element of a crime that the prosecutor needs to prove beyond a reasonable doubt is a principle of criminal liability. Burglary, for example, is such a crime because all you need to prove beyond a reasonable doubt is an actus reus concurring with a mens rea.

Homicide, is such a crime because you need to prove actus reus, mens rea, concurrence, causation, and harm. Strict criminal liability is understood as criminal liability that does not require the defendant to possess a culpable state of mind. Strict criminal liability, then, is simply liability in the absence of intention, belief, recklessness, or negligence Simons, We must also distinguish between strict strict liability essay with respect to a result element of an offense and strict liability with respect to a circumstance element.

Felony-murder, in its most severe form, is an example of strict liability with respect to a result-specifically, a death resulting from commission of the felony.

The felon will be liable for the resulting death as if he had intended it, even if there is no proof of intent, strict liability essay, or of any culpability. Statutory rape is a common example of strict liability with respect to a circumstance-specifically, the circumstance of whether the female victim is below the statutory age. A defendant can be guilty of statutory rape even if there is no proof that he believed, or reasonably should have believed, that she was below the statutory age.

Thus, strict liabilities encompass both liabilities for faultless accidents and for faultless mistakes Simons, Strict liability can also refer, not to lack of culpability with respect to a result or a circumstance, but to lack of culpable conduct.

That is, the actus reus of the crime might specify and prohibit certain conduct whether action or omission by the defendant. For example, a prohibition on driving an automobile above the statutory speed limit can be understood as imposing strict liability, insofar as it is irrelevant that the defendant did not have reason to know that she was traveling at that speed Simons, Strict liability leads to conviction of persons who are, morally speaking, innocent.

Therefore convicting and punishing those who do not deserve it perpetrates a serious wrong. Thus some argue that strict liability is strict liability essay misuse of the strict liability essay law an institution which, should be reserved only for the regulation of serious wrongs done by culpable wrongdoers. It does not follow, however, that all types of strict liability offences strict liability essay wrong. From another perspective the public gains greater protection from pollution, strict liability essay.

Moreover, there are likely to be fewer instances of the actus Reus when doing so is prohibited on a strict-liability basis, because the use of strict liability tends to encourage a higher level of precautions by potential defendants, strict liability essay. Woodward []. There is however a dark side to the concept of strict liability. One of the main principles of criminal law is that a person should only be liable if they are at fault in some way, nevertheless imposition of strict liability contravenes this principle as people can be guilty of a criminal act whilst having no real fault.

A case that illustrates this well is Pharmaceutical Society of Great Britain v Strict liability essay Ltd Strict liability then can be argued as an unjust method of enforcement for certain crimes, resulting in the innocent being labeled as the guilty Simester and Sullivan, On a corporate perspective the need for effective regulation and prosecution of corporate defendants could alternatively be met by a negligence-based standard.

It strict liability essay, true that negligence necessitates that the prosecution establishes an actus reus by strict liability essay employee that can be attributed to the company but the same constraint applies to strict liability, in finding who was strictly liable Simester and Sullivan, References Roe, D.

Criminal Law Today Simester and Sullivan, Criminal Law: Theory and Doctrine 2nd ed, strict liability essay. When is strict criminal liability just? Chicago: Summer Criminal law cases and materials 7th edition Storey T. and Lidbury Criminal law. Hi there, would you like to get such a paper? How about receiving a customized one? Check it out. Main page Essay Strict Liability Essay, strict liability essay.

Strict Liability Essay Topics in Criminal Law May 25, Abstract Strict liability crimes require no culpable mental state and present a significant exception to the principle that all crimes require a conjunction of action and mens rea. We will write a custom essay sample on. Order now. Order Essay, strict liability essay.

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Strict Liability Free Essay Sample

 · Strict Liability, especially product liability is well known in tort law, of course criminal law and the corporation law. In the tort law, the strict liability is the enforcement of liability on a party without finding negligence. In the case of a law suit, the plantiff will only need to prove that the tort occurred under the defendant’s responsibility  · Related Essays. Strict Liability. Strict Liability. Hire writer. Strict Liability in Business Law. Essay type Research. The American common law adopted the concept of strict liability in early ’s. They began to adopt the view that the sellers should bear the cost of injuries or blogger.comted Reading Time: 3 mins  · Strict liability is based philosophically on the presumption that causing harm is in itself blameworthy regardless of the actor’s intent (Schmalleger, Hall & Dolatowski, ). Strict liability crimes require no culpable mental state and present a significant exception to the principle that all crimes require a conjunction of action and mens rea