• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Strict Liability

Extracts from this document...


Question Explain how strict liability is used in criminal law, and consider whether it should be used in this way Answer In criminal law it is established that if a defendant is to be found guilty of an offence they must have the necessary actus reus and mens rea. However, for an offence of Strict Liability to be committed there is no need for the mens rea element because the state of mind of the accused is never questioned. ...read more.


Where an offence is likely to affect the Public interest as a whole then the courts are more likely to decide that the offence is one of strict liability. People who are convicted of these offences are not normally regarded as criminals and will receive a penalty such as a fine. The courts start by presuming that mens rea is required for any of these offences even though the person committing the offence may not have been aware that they were doing any wrong as shown in Sweet and Parsley 1969 and Gammon (Hong Kong) ...read more.


However, there are disadvantages: * Liability should not be imposed on those who are not blameworthy * It is wrong to penalise those who have taken care * There is no evidence to support that it raises public awareness and standards In conclusion strict liability offences tend to be in areas where people voluntarily engage in a particular activity which automatically carries certain risks not only to themselves but to the general public as a whole and are put in place to protect and ensure certain standards of safety are adhered to. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Is the imposition of strict liability ever justifiable in criminal law?

    as potential offenders are aware that if any prosecution is brought against them, there is a good chance of conviction, due to the nature of strict liability. Elliot and Quinn (p.33.1) tell us that 'strict liability makes enforcing offences easier.'

  2. Criminal Law (Offences against the person) - revision notes

    R v Sutcliff (1981) - Insanity was suggested ands dismissed Diminished responsibility was not accepted either Eventually he was tried as mentally normal. However, after a while in prison he was moved to a psychiatric prison. The defences he pleaded would have been accepted for a lower profile murder -

  1. Citizenship Activity

    Your Contribution: I suppose I chose the topic of crime and safety when we realised that we couldn't teach health and safety or go to the primary schools. I emailed various schools to see if we could teach our lesson to their pupils but as we got no response, we taught it in our school.

  2. The Law Relating to Negotiable Instruments

    The bank claimed that the stop-payment order had expired and it had paid the stale check in good faith. Decision and Rationale: Hempstead Bank was legally justified in paying the check when presented and therefore it did not have to reimburse - Granite's account.

  1. Law- Strict liability, mens rea actus reus

    This is an established written law. Serious crimes by an omission can involve a situation where a parent stops feeding his or her child. Knowing that the child is unable to feed itself, with no assistance they will die. Therefore this could be the actus reus of either murder or manslaughter.

  2. Using actual situations describe the elements of actus

    the operation of prisons and other correctional institutions; the rehabilitation of convicts both in and out of prison; and the prevention of crime. The science of criminology has two basic objectives: to determine the causes, whether personal or social, of criminal behaviour, and to evolve valid principles for the social control of crime.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work