Appraising Strict Liability

Hardcover | April 15, 2005

EditorAndrew Simester

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Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mensrea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions'they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent. Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of thefundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rulesof strict liability and evidential presumptions. The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.

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From the Publisher

Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mensrea or fault element. For example, in the 1...

Andrew Simester is Professor of Legal Philosophy at the University of Nottingham and Senior Fellow of the Centre for Penal Theory and Penal Ethics, University of Cambridge. His main interests lie in the fields of jurisprudence, criminal law, and private law theory, and he has published in these areas in every major common law jurisdic...
Format:HardcoverDimensions:302 pages, 9.21 × 6.14 × 0.84 inPublished:April 15, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199278512

ISBN - 13:9780199278510

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Table of Contents

1. Stuart P. Green: Six Senses of Strict Liability: A Plea for Formalism2. A.P. Simester: Is Strict Liability Always Wrong?3. John Gardner: Wrongs and Faults4. Douglas N. Husak: Strict Liability, Justice and Proportionality5. Jeremy Horder: Whose Values should Determine when Liability is Strict?6. R.A. Duff: Strict Liability, Legal Presumptions and the Presumption of Innocence7. Paul Roberts: Strict Liability and the Presumption of Innocence8. G.R. Sullivan: Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights9. Alan C. Michaels: Imposing Constitutional Limits on Strict Liability: Lessons from the American Experience10. John R. Spencer and Antje Pedain: Approaches to Strict and Constructive Liability in Continental Criminal Law

Editorial Reviews

`...The focused acumen and insight displayed in this book is an enormous achievement...'Criminal Law and Philosophy (2007) 1:119-122