Criminal Law - Strict Liability Offenses
What is conduct malum prohibitum? and what are some examples?
conduct that is wrong because the law says its wrong. anti pollution environmental laws, 16 year old drinking alcohol, statutes prohibiting the manufacture of impure food.
Which crimes are characterized as "public welfare offenses"?
malum prohibitum
What are some criticisms of strict liability?
1) it doesn't deter crimes since the actor is unaware of the facts that render his conduct dangerous 2) it is unjust to condemn a person who is not morally culpable
What is a strict liability offense?
A crime that does not have a mens rea. The only thing that must be proven is the actus reus.
Do the attendant circumstances of a strict liability offense require proof of a mens rea?
Not always if it a strict liability offense. Courts don't care about the mens rea for these kinds of offenses.
What is an attendant circumstance?
certain facts or conditions (circumstances) that surround a crime.
What is conduct malum in se? and what are some examples?
inherently wrongful conduct. arson, rape, murder, burglary