Elements of Crimes - Exception

Question 1

Strict Liability

Answer 1

Criminal liability that is based on actus reus alone

• Was not recognized at common law
• SCOTUS frowns upon it
• State courts generally will only accept strict liablity statutes as truly strict if there is clear legislative intent to get rid of a culpability requirement.

Question 2

Strict Liability

MPC § 2.05

Answer 2

The requirements of culpability prescribed by sections 2.01 and 2.02 do not apply to

• offenses that are violations or
• offenses defined by statutes other than the Code, insofar as a legislative purpose to impose absolute liability plainly appears

Question 3

Strict Liability

Constitutionality

Answer 3

Due process requires people to have adequate notice for strict liability to be constitutional.

Question 4

Factors to Accept Strict Liability

Questions

Answer 4

• Does the statute codify a common law crime? If yes, it can’t have strict or vicarious liability
• Is the statute a public welfare law?
• How much punishment does the statute impose? If there’s a large punishment, it can’t have strict or vicarious liability
• Would strict liability criminalized innocent conduct? If yes, there can’t be strict or vicarious liability
• How much harm does the public suffer? If it’s a lot, there may be strict or vicarious liability.
• What would be the effect on law enforcement? If strict or vicarious liability bogs down the justice system, it probably won’t be enforced

Question 5

Factors to Accept Strict Liability

Answer 5

• The statutory crime is not derived from common law
• There is an evident legislative policy that would be undermined by a mens rea requirement
• The standard imposed by the statute is reasonable and people are properly expected to follow it
• The penalty for the violation is small
• The conviction does not do much damage to the defendant’s reputation

Question 6

Public Welfare Offenses

Answer 6

Courts normally allow strict liability offenses, like air-pollution laws.

Question 7

Non-Public Welfare Offenses

Answer 7

There are a few non-punlic welfare offenses that have strict liability because they do not have a mens rea requirement. Ex. statutory rape

Question 8

Vicarious Liability

Answer 8

It is liability based on the relationship between the defendant and the person doing the act.

The defendants actus reus and mens rea are irrelevant

Question 9

Vicarious Liability

Uses

Answer 9

It was not recognized in the common law.

Most modern criminal sstatutes don’t favor vicarious liability, but it’s used in the context of criminal liabiliy for corporations.

While some states appear to impose vicariious liability on parents for their children’s crimes, those states are actually criminalizing the parents’ failure to properly supervise their children.