Appraising Strict Liability (Hardcover)

Language: English

Published by Oxford University Press, Oxford, 2005

0199278512 / 9780199278510

Series: Book 25 of 55 - Oxford Monographs on Criminal Law and Justice

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Hardcover. 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 mens rea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proofthat 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 thepotential 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 the fundamental issues. They explore the definition of strict liability; the relationship betweenstrict 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 rules ofstrict 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. Presents a collection of essays offering consideration of the problem of strict liability in the criminal law: that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault. Because of its potential to convict blameless persons, strict liability is a highly controversial phenomenon in the criminal law. This item is printed on demand. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Seller Inventory # 9780199278510

Title
Appraising Strict Liability (Hardcover)
Author
Andrew Simester
Publisher
Oxford University Press, Oxford
Publication year
2005
Condition
new
Binding
Hardcover
Language
English
ISBN 10
0199278512
ISBN 13
9780199278510
Series
Book 25 of 55: Oxford Monographs on Criminal Law and Justice

Grand Eagle Retail

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