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Topic: Strict liability crimes

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	Mens Rea
		The standard Common Law test of criminal Liability is usually expressed in the Latin phrase, ''actus non facit reum nisi mens sit rea'', which means that "the act will not make a person guilty unless the mind is also guilty".
		The exception is Strict Liability crimes (in the civil law, it is not usually necessary to prove a subjective mental element to establish liability, say for breach of Contract or a Tort, although if intentionally committed, this may increase the measure of Damages payable to compensate the Plaintiff).
		Most Legislature s prefer to base liability on either intention or recklessness and, faced with the need to establish recklessness as the default mens rea for guilt, those practising in most legal systems rely heavily on objective tests to establish the minimum requirement of foresight for recklessness.
	www.seattleluxury.com /encyclopedia/entry/mens_rea (2123 words)

	Strict liability (criminal) - Wikipedia, the free encyclopedia
		In criminal law, strict liability is liability where mens rea (Latin for "guilty mind") does not have to be proved in relation to one or more elements comprising the actus reus (Latin for "guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offence.
		The liability is said to be strict because defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal.
		Similarly, where liability is imputed or attributed to another through vicarious liability or corporate liability, the effect of that imputation may be strict liability albeit that, in some cases, the accused will have a mens rea imputed and so, in theory, will be as culpable as the actual wrongdoer.
	en.wikipedia.org /wiki/Strict_liability_(criminal) (1165 words)

	Culpability - Wikipedia, the free encyclopedia
		Except for strict liability crimes, the type and severity of punishment often follow the degree of culpability.
		The definitions of specific crimes refer to these degrees to establish the necessary mens rea (mental state) necessary for a person to be guilty of a crime.
		In strict liability crimes, the actor is responsible no matter what his mental state; if the result occurs, the actor is liable.
	en.wikipedia.org /wiki/Culpability (873 words)

	Garnett v. State
		This interpretation is consistent with the traditional view of statutory rape as a strict liability crime designed to protect young persons from the dangers of sexual exploitation by adults, loss of chastity, physical injury, and, in the case of girls, pregnancy.
		A crime ordinarily consists of prohibited conduct and a culpable mental state; a wrongful act and a wrongful intent must concur to constitute what the law deems a crime, the purpose being to avoid criminal liability for innocent or inadvertent conduct.
		A person who engages in proscribed conduct is relieved of criminal liability if, because of ignorance or mistake of fact, he or she did not entertain the culpable mental state required for the commission of the offense.
	www.soc.umn.edu /~samaha/cases/garnett_v_state.htm (5666 words)

	Crime - Wikinfo
		A crime is an act which violates a law of a government, nation, state, or jurisdiction, for which there is no successful defense.
		Crimes are viewed as offenses against society, and as such are punished by the state.
		Crimes are also be grouped by severity, some common categorical terms being: felonies, indictable offences, infractions, misdemeanors, and summary offences.
	www.wikinfo.org /wiki.php?title=Crime (2884 words)

	Strict liability (criminal) information - Search.com
		In criminal law, strict liability is liability where mens rea (Latin for "guilty mind") does not have to be proved in relation to one or more elements comprising the actus reus (Latin for "guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offence.
		The liability is said to be strict because defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal.
		Similarly, where liability is imputed or attributed to another through vicarious liability or corporate liability, the effect of that imputation may be strict liability albeit that, in some cases, the accused will have a mens rea imputed and so, in theory, will be as culpable as the actual wrongdoer.
	webshots.search.com /reference/Strict_liability_(criminal) (1161 words)

	KNAP, COMMONWEALTH vs., 412 Mass. 712
		The crimes of statutory rape and indecent assault and battery on a child under age fourteen are strict liability crimes.
		We have held that a reasonable mistake as to the age of the victim is not a defense to the crime of statutory rape.
		Strict criminal liability is not necessarily a denial of due process of law, and in the case of statutory rape it is not.
	masscases.com /cases/sjc/412/412mass712.html (1563 words)

	Auto Accident Attorneys Long Beach CA \| Auto Accident Attorneys Sacramento California
		Under the theory of strict liability, the plaintiff contends that the defendant is liable regardless of fault.
		Vicarious liability is a legal principle under which one person is held liable for the tortious act of another, even though the first person was not involved in the act, did nothing to encourage the act, and even may have attempted to prevent it.
		Unlike strict liability and negligence products liability lawsuits, in which plaintiffs are limited to recovery of compensatory and punitive damages related to the injury, a plaintiff in a breach of warrant lawsuit may recover the costs of repairing or replacing the defective product, as well as compensatory or punitive damages.
	ledgerlaw.com /personal-injury-california/what-we-fight-for.php (3240 words)

	Converted WP file /web/download/n/pastopinion/Holding/99ca-069
		Duncan, 111 N.M. 805 P.2d 621, 622 (1991); UJI 14-5130 NMRA 1999 (duress in nonhomicide crimes).
		Phrased differently, the court in Lucero reasoned that, since strict liability offenses do not require the state to put forward evidence regarding intent, defenses turning on a defendant's mental state are not allowed.
		strict liability statute." Baca, 114 N.M. at 674, 845 P.2d at 768.
	www.supremecourt.nm.org /pastopinion/VIEW/99ca-069.html (3623 words)

	OUTLAW LEGAL SERVICES
		A common-law crime is one defined and enforced by the judiciary in the absence of a statutory definition of the offense.
		Recognize that a crime is a public wrong committed against the state, as distinguished from a tort, which is a civil wrong to an individual.
		Although a corporate crime is based on the acts of its employees or other agents, the corporation is a separate entity and as such is liable as a principal for its crimes.
	www.outlawslegal.com /X00/X21.htm (7716 words)

	Drug and alcohol intoxication: mens rea defenses
		Since it is not always intuitively obvious which crimes are specific intent crimes, it is important to consult with the attorney.
		Forensic psychiatrist Bernard Diamond was influential in the development of the expanded definitions of malice and premeditation as well as the inclusion of mental illness in diminished capacity as a basis in addition to drug and alcohol intoxication for negating specific intent.
		Since intoxication is such a common factor in most violent crime, efforts should be made to assess whether a defendant's intoxication negated a required specific intent in a particular case.
	www.emory.edu /AAPL/newsletter/N241_mens_rea_defenses.htm (1353 words)

	Boston Law Firm Massachusetts Lawyer Lawyers Criminal Procedure
		A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it.
		In the United States, most crimes are defined by local and state government, though the federal government has adopted its own criminal code, at Title 18, to deal with activities extending beyond state boundaries or having special impact on federal operations.
		White Collar Crime Fact: White collar crime is a crime committed by a person of respectability and high social status in the course of his occupation.
	www.bostonlawyerlawfirm.com /criminal.html (825 words)

	Michigan Appellate Digest - 91667 People v Quinn (Site not responding. Last check: )
		When a criminal statute is a codification of the common law, and mens rea was an element of the crime at common law, the statute is interpreted as including the mens rea requirement.
		But if an offense does not codify a common law crime, and the statute omits the element of knowledge or intent, the intent of the Legislature determines whether the crime imposes strict liability.
		Statutes creating strict liability are not favored, but when a statute requires a criminal mind for some but not all of its elements, it is not one of strict liability.
	courtofappeals.mijud.net /Digest/newHTML/9166711.htm (469 words)

	CJCENTRAL: Criminal Law Today, 2E: Glossary
		a crime which consists of a communication or agreement intended to defame the government or to incite treason.
		An act or omission that is a significant part of a series of acts or omissions constituting a course of conduct planned to culminate in the commission of a crime.
		Also, an important or essential step toward the commission of a crime that is considered as sufficient to constitute the crime of criminal attempt.
	www.prenhall.com /cjcentral/crimlaw/glossary/s.html (860 words)

	Criminal Law: Strict Liability: Introduction \| Law Study Systems
		Strict liability – imposing criminal liability without requiring proof of a culpable mens rea – stands in sharp tension with this principle.
		Nonetheless, strict liability crimes, while limited in number and scope, are an important part of the common law tradition.
		Strict liability crimes can be either partial – requiring proof of mens rea for some elements but not others – or complete – dispensing with mens rea entirely.
	www.lawstudysystems.com /node/174 (609 words)

	State v. Rippley, 319 N.W.2d 129 (N.D. 1982)
		Whether or not § 19-03.1-23(l) is a strict liability offense is a question of legislative intent to be determined by the language of the Act in connection with its manifest purpose and design.
		We conclude, therefore, that § 19-03.1-23(l) defines a strict liability offense, and we adopt the rationale of the Court of Appeals of Missouri in a case involving distribution of a controlled substance under a provision of Missouri's Uniform Controlled Substances Act similar to § 19-03.1-23(l).
		Whether criminal intent is an element of a statutory crime depends on the intent of the legislature, and is a matter of statutory construction.
	www.court.state.nd.us /court/opinions/815.htm (1870 words)

	Chapter Overview: Torts and Strict Liability
		A crime is an act so reprehensible that it is considered to be a wrong against society as a whole.
		For example, strict liability is applied to abnormally dangerous activities because of their extreme risk.
		Strict liability is imposed on persons who keep dangerous animals for any harm inflicted by the animals.
	www.wctc.edu /busocc/law/co6.html (1683 words)

	148 Wn.2d 820, State v. Mertens
		Because the prosecutor could prove all of the elements of the crime based on conduct alone, without reference to the defendant's state of mind or intent, former RCW 77.15.110(1) makes commercial fishing without a license a strict liability crime.
		I agree with the majority that the crux of this case is whether the crime of commercial fishing without a license is a strict liability offense or requires intent.
		To determine whether a strict liability crime has been created, it is necessary to consider legislative purpose as revealed by the language of the statute and the legislative history.
	www.mrsc.org /mc/courts/supreme/148wn2d/148wn2d0820.htm (3484 words)

	Criminal Defense Lawyers - Criminal Attorneys
		If the individual is convicted (found guilty) of the crime, he or she will be punished under criminal law by either a fine, imprisonment, or death.
		Crimes are classified in many different ways: common law crimes versus statutory crimes, and crimes that are mala in se (evil in themselves) versus those that are mala prohibita (criminal only because the law says so).
		In many jurisdictions in the United States, felonies are crimes punishable by death or imprisonment in a state prison or penitentiary and misdemeanors are those punishable by fine or imprisonment in a local jail.
	www.law4usa.org /criminal.htm (1498 words)

	[No title]
		Defense to all crimes except homicide Duress- makes the commission of the act no longer voluntary; the defense is unavailable to one who commits a crime and the duress is self-created.
		Williams- A husband and wife were held liable for manslaughter in the death of their infant son, because they failed to realize that what they thought was a toothache was an abscess which without medical attention turned to gangrene and led to his death.
		Each conspirator is liable for all the crimes of the co-conspirator if those crimes were committed in furtherance of the conspiracy & were foreseeable.
	www.pitt.edu /~sorc/lawwomen/outlines/crimlawharper.doc (2431 words)

	STRICT LIABILITY FOR HANDGUN MANUFACTURERS:
		strict liability should be imposed on producers in order to force them to incorporate accident costs into the price of their products.
		Thus, because strict liability for defective products is a common-law invention, implemented for policy reasons, it is reasonable to expect that courts will continue to interpret products liability law with a view towards advancing the social goals which underly strict liability.
		The preceding discussion demonstrates that Professor Oliver is incorrect in asserting that the issue of gun control is "essentially irrelevan[t]" to the question of strict liability for makers of handguns.[34] The level of gun violence and the proper policy responses to it are the legitimate concerns of courts.
	www.saf.org /LawReviews/McClurgReplies.htm (6023 words)

	Criminal Law - Legal
		Crimes (except for strict liability crimes) have two basic elements: the guilty mind and the guilty act.
		Crimes are punished according to their seriousness, with higher penalties imposed for more serious crimes.
		The approach to juvenile crime is that juveniles do not commit crimes; they commit acts of delinquency that require state intervention to correct.
	www.megsgroup.com /CriminalLaw_Legal.htm (589 words)

	Criminal law - Wex
		Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments.
		Crimes include both felonies (more serious offenses -- like murder or rape) and misdemeanors (less serious offenses -- like petty theft or jaywalking).
		Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or "actus reus," and a mental state, or "mens rea".
	www.law.cornell.edu /wex/index.php/Criminal_law (562 words)

	Concurring Opinions: Strict Liability For Parents
		Homeowners, by which we really mean parents, would be criminally liable even if they were unaware that kids were drinking in their homes.
		They are strictly liable - guilty even if they had no intent to break the law, had no knowledge it was being broken, and were not even negligent in allowing the infraction to occur.
		But start holding parents strictly liable for the crimes of their kids, and I suspect you'd see a whole new construction of parenthood.
	www.concurringopinions.com /archives/2006/07/strict_liabilit.html (1389 words)

	State v. Keawemauhili
		As the state codified the common law of crimes, even if their enactments were silent on the subject, their courts assumed that the omission did not signify disapproval of the principle but merely recognized that intent was so inherent in the idea of the offense that it required no statutory affirmation.
		In other words, a strict liability offense has historically been one that was established by a statute that was silent as to the state of mind required for commission of the offense.
		Strict liability crimes are generally disfavored, and consequently, if an HPC statute or a subsequently enacted statute outside the HPC establishes an offense punishable by imprisonment but silent as to the requisite state of mind, the default intentional, knowing, or reckless state of mind set forth in HRS § 702-204 applies to the offense.
	www.state.hi.us /jud/opinions/ica/2007/ica26066.htm (9654 words)

	Michigan Appellate Digest - 251213 People v Adams (Site not responding. Last check: )
		A crime for which the prosecutor need only prove that the defendant performed the act, regardless of intent or knowledge, is a strict liability offense.
		Although strict liability offenses are disfavored, the Legislature has the authority to create such offenses.
		In determining whether a statute which codifies common law creates a strict liability offense, a court should consider whether the common law included mens rea as an element.
	courtofappeals.mijud.net /Digest/newHTML/25121321.htm (451 words)

	Law Offices of Mario Alex Joseph
		Crimes (except for strict liability crimes) have two basic elements: the guilty mind and the guilty act.
		A crime is committed when a person commits a guilty act accompanied by a guilty mind.
		Crimes also have specific elements which are contained in the definition of a crime.
	www.tristatelawyer.com /criminalElementsPage.htm (149 words)

	State v. Anderson
		A person commits the crime of second degree unlawful possession of a firearm if he or she "owns, has in his or her possession, or has in his or her control any firearm" and the person has previously been convicted of any felony, other than a "serious offense," or certain specified gross misdemeanors.
		The Court of Appeals concluded that the legislative history weighed in favor of a holding that the offense of second degree unlawful possession of a firearm is a strict liability offense.
		In sum, if we were to conclude that the offense is a strict liability crime, we would be flying in the face of the strongly rooted notion that strict liability crimes are disfavored.
	www1.law.umkc.edu /suni/CrimLaw/calendar/Class_16_2001_Anderson.htm (2176 words)

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