Wednesday, January 8, 2014

Strict Liability Criminal Law Meaning and Definition

Rule: Strict Liability (criminal law)A strict liability offense is one that does not require awareness of all of the factors that constitute the crime. Oftentimes, the state of mind requirement is not abandoned with respect to all the elements of the crime, but only in regard to one or some of the elements.

Certain defenses, such as mistake of fact are not available.

IDENTIFYING STRICT LIABILITY OFFENSES1. Strict liability offenses are often known as public welfare offenses and generally, but not always, are part of a regulatory scheme.
2. Generally, strict liability offenses involve a relatively low penalty.
3. Strict liability offenses are often not regarded by the community as involving great moral impropriety.

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