Strict Liability

Question 1

strict liability

Answer 1

lack of mental element in a statute’s language

Question 2

what happens to the burden of proof in SL cases?

Answer 2

goes down. just need to prove that the act itself was done.

Question 3

can you read in MR in strict liability cases?

Answer 3

yes, on a state by state basis

Question 4

public welfare offense

Answer 4

regulatory crimes to protect public safety

Question 5

staples v united states

Answer 5

∆ bought a gun, didn’t know it was altered, and didn’t register it as a result. violation of §5861(d). ct told jury this is a strict liability crime
Q: should MR of knowingly be read in here?
A: yes
Why?: government had to prove that the ∆ knew of the features of the weapon and how it fit in the scope of the act

Question 6

do common laws require a MR element to be read in?

Answer 6

yes

Question 7

what should be considered when reading in an MR term?

Answer 7

1. traditional interpretations of the statute
2. severity of the penalty
3. inherent notice of risk provided by prohibited conduct