Podcast
Questions and Answers
What is strict liability in criminal law?
What is strict liability in criminal law?
- Mens rea doesn't need to be proven for one or more elements of the actus reus of a crime (correct)
- Mens rea must be proven for all crimes
- Mens rea must be proven for all elements of the actus reus of a crime
- Mens rea doesn't need to be proven for any crimes
What was the reason behind the creation of strict liability laws in the 19th century?
What was the reason behind the creation of strict liability laws in the 19th century?
- To reduce the number of crimes committed
- To improve working conditions and safety standards in factories (correct)
- To punish criminals more severely
- To increase government control over businesses
Which of the following is an example of a common strict liability offense today?
Which of the following is an example of a common strict liability offense today?
- Tax evasion
- Selling alcohol to underage persons (correct)
- Robbery
- Murder
Why are strict liability laws applied?
Why are strict liability laws applied?
What is the potential downside of imposing strict liability?
What is the potential downside of imposing strict liability?
Is the definition of strict liability consistent across jurisdictions?
Is the definition of strict liability consistent across jurisdictions?
Which country's recent work health and safety legislation creates strict liability for WHS offenses?
Which country's recent work health and safety legislation creates strict liability for WHS offenses?
What is the general presumption for regulatory offenses in Canada?
What is the general presumption for regulatory offenses in Canada?
Are crimes in England generally required to have proof of mens rea?
Are crimes in England generally required to have proof of mens rea?
Flashcards
Strict Liability
Strict Liability
Mens rea is not required for one or more elements of the actus reus of a crime; liability without intent.
Why strict liability laws?
Why strict liability laws?
To improve working conditions and safety standards in factories during industrialization.
Example of strict liability offense
Example of strict liability offense
Selling alcohol to underage persons is a common example.
Purpose of strict liability
Purpose of strict liability
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Downside of strict liability
Downside of strict liability
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Consistency of strict liability definition
Consistency of strict liability definition
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Country with strict WHS liability
Country with strict WHS liability
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Presumption for regulatory offenses in Canada
Presumption for regulatory offenses in Canada
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Mens rea requirement in England
Mens rea requirement in England
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Study Notes
Strict Liability in Criminal Law
- Strict liability means that mens rea (guilty mind) doesn't need to be proven in relation to one or more elements of the actus reus (guilty act) of a crime.
- Strict liability laws were created in the 19th century to improve working conditions and safety standards in factories.
- Common strict liability offenses today include the selling of alcohol to underage persons and statutory rape.
- These laws are applied either in regulatory offenses enforcing social behavior or where society is concerned with the prevention of harm.
- The imposition of strict liability may operate very unfairly in individual cases.
- In various jurisdictions, strict liability is defined differently.
- In Australia, recent work health and safety legislation creates strict liability for WHS offenses.
- In Canada, regulatory offenses are presumed to bear strict liability.
- Under the common law in England, crimes require proof of mens rea except in cases of public nuisance, criminal libel, blasphemous libel, outraging public decency, and criminal contempt of court.
- In Germany, strict liability does not exist today since it is not consistent with the "nulla poena sine culpa" principle.
- In the United States, strict liability tends to show up in minor crimes or infractions such as parking violations.
- In many states, statutory rape is considered a strict liability offense.
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