By A. P. Simester
This booklet is a set of unique essays providing the 1st full-length attention of the matter of strict legal responsibility within the legal legislation: that's, the matter of legal offences that permit a defendant to be convicted with no facts of fault. as a result of its strength to convict innocent individuals, strict legal responsibility is a hugely debatable phenomenon within the legal legislation. together with Anglo-American and ecu views, the contributions supply a sustained and wide-ranging exam of the elemental concerns. The breadth and intensity of the chapters mix to provide readers with a worldly research of where and legitimacy of strict legal responsibility within the felony law.
Read or Download Appraising Strict Liability PDF
Similar criminal law books
The act of interrogation, and debate over its use, pervade our tradition, even if via fictionalized depictions in video clips and tv or discussions of real-life interrogations at the information. yet regardless of day-by-day mentions of the perform within the media, there's a loss of expert statement on its ethical implications.
The legislation of facts has characteristically been perceived as a dry, hugely technical, and mysterious topic. This e-book argues that difficulties of proof in legislations are heavily concerning the dealing with of facts in other forms of useful decision-making and different educational disciplines, that it really is heavily concerning good judgment and that it's an attractive, full of life and available topic.
The ultimate quantity of Feinberg's four-volume paintings, the ethical Limits of felony legislation examines the philosophical foundation for the criminalization of so-called "victimless crimes" corresponding to price ticket scalping, blackmail, consented-to exploitation of others, advertisement fortune telling, and consensual sexual family.
Electronic proof and laptop Crime, 3rd version presents the information essential to discover and use electronic facts successfully in any form of research. The widely-adopted first and moment variations brought hundreds of thousands of scholars to this box and helped them take care of electronic facts. This thoroughly up to date version offers the introductory fabrics that new scholars require, and in addition expands at the fabric provided in earlier variants to assist scholars strengthen those abilities.
- The Origins of Reasonable Doubt: Theological Roots of the Criminal Trial
- Sexual Crime: A Reference Handbook (Contemporary World Issues)
- Policing and Punishing the Drinking Driver: A Study of General and Specific Deterrence
Additional resources for Appraising Strict Liability
In the course of a wide-ranging debate, I had hypothesized that one might distinguish the objections to strict liability in serious crimes from those applicable to regulatory offences. John quite rightly countered that, at least as things stand, the distinction was not at all clear-cut. But many other things were gained on that fascinating Saturday. At the invitation of Andrew von Hirsch, we had gathered under the auspices of the Centre for Penal Theory and Penal Ethics to discuss the moral and legal legitimacy of strict liability in the criminal law.
I suspect that many of us were wondering how much there really was to say; more particularly whether we would be able to sustain a largely unstructured conversation all the way to dinner. x) convicting a person who is blameless—and they seemed persuasive criticisms. Strict liability seemed obviously wrong, and perhaps there was little more to say. We need not have worried. 18 Moreover, at least in some guises, it could not always be dismissed as morally, let alone legally, illegitimate. There was a collective sense of unravelling: as the day progressed, our sense grew that what had seemed a straightforward problem for criminal-law theory comprised, instead, a variety of tangled and difficult issues, which needed careful separation and a great deal of further reflection.
Suppose that a statute criminalizes selling any book that contains descriptions of some specified unlawful activity, where the sale of the book must be intentional but there is no mens rea requirement going to the content of the book. A crime of this sort acts as a fetter on the activity of selling books. One may sell books, but only at the risk of randomly becoming a criminal. The sole way to guarantee that one avoids conviction is, as with Sir Peter, to retire. 24 Now selling milk is not a human right; but selling books may implicate the right of freedom of expression under Article 10 of the ECHR.
Appraising Strict Liability by A. P. Simester