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How Does the Law Justify the Imposition of Strict Liabilty For Some Offences?
Member rating: No Rating | Words: | Submitted: Wed Feb 25 2004
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HOW DOES THE LAW JUSTIFY THE IMPOSITION OF STRICT LIABILTY FOR SOME OFFENCES? They are many arguments in favour of imposing strict liability and they are also many arguments against strict liability. The law argues that strict liability promotes high standards of care. It protects the public from any dangerous practice. The aim of the criminal law is to protect any social damage therefore it is ridiculous if the law doesn't look at who caused the harm whether its carelessness, accident or as a cause of negligence. It also provides a strong prevention which is vital. Strict liability allows enforcing strict liability easier e.g. in Gammon it was argues that if the prosecution i.e. court had to prove mens rea in every regulatory offence then administering of justice may come to a standstill very quickly. In many offences it is hard to prove the mens rea, therefore as a result of this people...
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