ANALYZING THE REQUIREMENT OF STRICT LIABILITY IN CRIMINAL LAW
Abstract
“Actus non facit reum nisi mens sit rea” - an act is not an offence unless done with a guilty mind. This is the core principle of criminal law. However, given how dynamic society and crime can be, one blanket rule cannot cover all offenses. Certain acts are inherently so wrong or of such character that there is a strong presumption that whoever did them must have intended the outcome. To address such acts, the doctrine of strict liability was formulated. Strict liability offences are acts that do not require proof of the element of mens rea. “A strict-liability doctrine is a rule of criminal responsibility that authorizes the conviction of a morally innocent person for violation of an offense, even though the crime, by definition, requires proof of a mens rea.” Is it worth having such an exception in criminal law and whether the aforementioned legal maxim is violated by the doctrine of strict liability? This essay tries to address these questions.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
License Terms
Ownership and Licensing:
Authors of research papers submitted to the Asian Journal of Multidisciplinary Research & Review (AJMRR) retain the copyright of their work while granting the journal certain rights. Authors maintain ownership of the copyright and grant the journal a right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, as long as proper attribution is given to the authors and acknowledgment is made of the initial publication in the Asian Journal of Multidisciplinary Research & Review. This license allows for the broad dissemination and utilization of research papers.
Additional Distribution Arrangements:
Authors are free to enter into separate contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided they acknowledge the initial publication of the work in the Asian Journal of Multidisciplinary Research & Review.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to and during the submission process to the journal. This practice can lead to productive exchanges and greater citation of published work.
Responsibility and Liability:
Authors are responsible for ensuring that their research papers do not infringe upon the copyright, privacy, or other rights of any third party. The Asian Journal of Multidisciplinary Research & Review disclaims any liability or responsibility for any copyright infringement or violation of third-party rights in the research papers.
