strict liability

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strict liability

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Crimes that mens rea is not needed to prove an offence are known as strict liability. To determine whether an offence is one of strict liabilty, the courts look to the wording of the statute. Although the aim of strict liabilty is to ensure public safety and enforce standards of behaviour, it also has a lot of problems like the fact that there is no clarity in law for "strict", there are convictions without proof of intention, knowledge, recklessness or negligence. Although strict liability is allowed so as to promote enforcement of the law, deterrence/raise standards and it's easier to administer, the penalty for strict liability is too strict This is most common with driving offences which are crimes of strict liabilty. It doesn't necessarily act as a deterrent. People do not comply to avoid criminal prosecution given how strict the penalty for strict liability is. The penalty for strict liability should be reduced because from what I can see, it does not serve a lot of it's purpose.

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