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Strict liability 3 Essay

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❶Mens rea is a latin term that refers to a guilty mind. The liability is termed as strict since the defendant will still be convicted although there ignorance necessitated them to commit the act.

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We must also distinguish between strict liability with respect to a result element of an offense and strict liability with respect to a circumstance element. Felony-murder, in its most severe form, is an example of strict liability with respect to a result-specifically, a death resulting from commission of the felony.

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Strict Liability in Criminal Law - It is the purpose of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use.

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In Criminal Law strict liability is an offence that is imposed despite at least one element of mens rea being absent thus the reticence of the courts to impose such liability without this crucial element being present. Strict liability is the placing of liability upon the defendant(s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident. There are a number of arguments for and against strict liability, and this essay will identify and explore these arguments.

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In criminal law, strict liability refers to those crimes where the defendant is found to be guilty regardless of whether he or she was aware that such a particular act was criminal offense. Asif Tufal provides a close analysis of strict liability exploring a number of cases that expound on strict liability. Strict Liability, especially product liability is well known in tort law, of course criminal law and the corporation law. In the tort law, the strict liability is the enforcement of liability on a party without finding negligence.