StudentShare solutions
Triangle menu

Strict Liability - Essay Example

Nobody downloaded yet

Extract of sample
Strict Liability

However both at common law and through Statute there are crimes of strict liability and vicarious liability. Crimes of strict liability are those where intention (be it mens rea and/or negligence) need not be proved in respect of one or more of the elements of the actus reus of an offence. The prosecution only has to prove that the accused committed the actus reus. Crimes of vicarious liability are those whereby the accused neither did the act nor had the intention but is held liable due to his relationship with the actual perpetrator. The development of strict and vicarious liability offences seems to be historical; a reaction to the plethora of regulatory sanctions and poorly drafted legislation which did not mention malice, intent, knowledge or will.
It might appear that 'state of affairs' offences, such as crimes of strict liability are exceptions in English law. These are offences where either the legal or the evidential burden of proof falls on the defence. However, Ashworth and Blake claimed in their research that up to 40% of trials in the Crown Court required the defendant to prove either a statutory defence or disprove at least one element of the offence and that over 123 serious criminal offences had an element of strict liability. Most of these offences are regulatory, pertaining to food, drugs, health, alcohol, factories, pollution and other public health matters, and are mala prohibita rather than mal in se. They argued that this has made significant inroads on the presumption of innocence.
The prosecution does not always have to establish that the actus reus was voluntary. So for example in Callow v Tillstone [1900] a butcher was held liable for exposing unsound meat for sale even though the carcass had been certified as fit for human consumption by a vet.
A crime may have a mixture of strict liability and mens rea/negligence as to the elements of the actus reus. Hence in R v Prince [1875] the accused was convicted of taking an unmarried girl under the age of 16 out of her father's possession as knowledge that the girl was under 16 was not required for conviction. It was sufficient that he knew she was in her father's possession. At common law there is a presumption that mens rea is required to establish guilt. One remaining controversial area is that of the common law offence of Blasphemy where there is still some confusion. Lord Denning had said during a speech in 1949 that the blasphemy laws belonged in the past:
[...] it was thought that a denial of Christianity was liable to shake the fabric of society, which was itself founded upon Christian religion. There is no such danger to society now and the offence of blasphemy is a dead letter.

In 1979 morality crusader Mary Whitehouse successfully sued Gay News and its editor for publishing a poem which described a purported affair between a male soldier and Jesus Christ and necrophilic acts with his corpse: Whitehouse v Gay News Ltd [1979]. In 1990 it was held that blasphemy laws only applied to ...Show more

Summary

Throughout the web of the English criminal law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner's guilt subject to .the defence of insanity and subject also to any statutory exception.
[] the more serious the crime and the greater the public interest in securing convictions of the guilty, the more important do constitutional protections of the accused become…
Author : baileylabadie
Strict Liability essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Strict Liability"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Software Liability
Our world is becoming more and more technical and advanced. The security of software can be threatened at various points of its life cycle such as during its development, deployment, operation and sustainment. These threats can cause injuries, damages, and serious consequences to its users.
3 pages (750 words) Essay
Strict Liability
This research is the best example of comparison and contrast of strict liability and absolute liability, including a statement of relevant arguments for the proposition shall also be discussed. Arguments for strict liability policies also point out that the claims of injustice in its applications are grossly exaggerated.
10 pages (2500 words) Essay
There should never be a strict liability element in a criminal law offence. There should never be punishment without fault. C
There is a widespread consensus amongst these experts, which contend that, the strict liability convicts (also referred to as quasi-crimes, or public welfare offences) in strict moral terms, are innocent (Simester, 2005). In criminal law, strict liability is a culpability for which mens rea or ‘guilty of the mind’ need not be proven, as regards to the multiple aspects comprising of the actus reus of the actual act of guilt, though awareness, recklessness, or intention, may be necessary while examining the other elements of a particular offence (Reid, 2008, 173-194).
6 pages (1500 words) Essay
CyberTorts, Strict Liability, Products Liability, Consumer Protection
On the other hand, tort law governs all business practices (Cornell 2011) It is based on unwritten common law, although it can be reinforced by statutes passed by the legislature. Aside from these statutes, court decisions are based on precedent, that is, previous cases involving similar facts.
3 pages (750 words) Essay
Tort Law - differences between the principles of negligence and strict liability
As early as in 1768, in Buller’s Nisi Prius trials, it was observed that that every person owed a duty of care towards his neighbour in that every person must take reasonable care not to injure his neighbour. It therefore follows that when a person is injured due to default of another though not wilful, he is entitled to compensation for the injury sustained through negligence or folly of another.
8 pages (2000 words) Essay
Potential liability
In this case, Dawn was serving the interest of the employer to deliver the package to DNA through the order of the supervisor. Anent the DNA Lab, its
1 pages (250 words) Essay
Torts; CyberTorts; Strict Liability; Products Liability; Consumer Protection Law 3
This has been aided by the projected laws on the development of advocated procedural contexts. As per the aided rights, all trademark rights provide
2 pages (500 words) Essay
Research and Discussion on Business Crimes, Business Torts, and Product Liability
They may be intentional or unintentional. An example of an intentional tort in a business context would be a builder using illegal asbestos insulation knowing that it
1 pages (250 words) Essay
To what extent is it justifiable to deviate from fundamental principles of criminal law by creating driving offences of strict liability, in the interests of maintaining road safety
There are those who disagree with this school of thought, arguing that the actions of a person directly or indirectly affect others and so even though we enter
10 pages (2500 words) Essay
Explanation of liability, strict liability, accountability and moral accountability in relation to obligations and duties as individuals and as parts of business organizations
A concrete example for this is a student who is accountable for his or her performance in class. His or her test results, participations, diligence and any other acts are accounted to become his or her grade and he or she alone is accountable or responsible for that
2 pages (500 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Click to create a comment
Contact Us