II.C.i Strict Liability | Jeannie Suk | January 20, 2015

H2O

This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at https://opencasebook.org. Thank you.

II.C.i Strict Liability

Original Creator: Jeannie Suk Current Version: Jeannie Suk Show/Hide

As we already discovered in the last section in Garnett v. State, some crimes do not require any mens rea. Such “strict liability” crimes can result in punishment for an act alone. While mens rea is typically a crucial part of defining blameworthiness in criminal law, strict liability crimes are often more concerned with regulating behavior than punishing the most blameworthy offenders.

The following cases explore this idea. As you read them, consider why a lawmaker might choose to create a strict liability crime, and why a court might allow one. Are certain kinds of crime particularly apt to be strict liability offenses? What effect does removing the mens rea requirement have, and what expectations does it impose upon people?

EDIT PLAYLIST INFORMATION DELETE PLAYLIST

Edit playlist item notes below to have a mix of public & private notes, or:

MAKE ALL NOTES PUBLIC (4/4 playlist item notes are public) MAKE ALL NOTES PRIVATE (0/4 playlist item notes are private)
  1. 1 Show/Hide More United States v. Balint
    Original Creator: Jeannie Suk Current Version: Jeannie Suk
  2. 3 Show/Hide More State v. Phillips
    Original Creator: Jeannie Suk Current Version: Jeannie Suk
  3. 4 Show/Hide More Staples v. United States
    Original Creator: Jeannie Suk Current Version: Jeannie Suk
Close

Playlist Information

January 20, 2015

Author Stats

Jeannie Suk

Harvard University

Other Playlists by Jeannie Suk

Find Items

Search below to find items, then drag and drop items onto playlists you own. To add items to nested playlists, you must first expand those playlists.

SEARCH
Leitura Garamond Futura Verdana Proxima Nova Dagny Web
small medium large extra-large