Appraising Strict Liability

Author: Andrew Simester
Publisher: Oxford University Press
ISBN: 9780199278510
Published In: March 2005
Format: Hardback , 304 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first full-length consideration of the controversial problem of strict liability in the criminal law
European coverage examines implications of the ECHR on strict liability

Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mens rea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions' they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent.

Appraising Strict Liability

is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of the fundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rules of strict liability and evidential presumptions.

The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.

Readership: Scholars and advanced students of criminal law and legal theory of criminal law, practitioners with an interest in criminal law doctrine of the ECHR.

1: Stuart P. Green: Six Senses of Strict Liability: A Plea for Formalism
2: A.P. Simester: Is Strict Liability Always Wrong?
3: John Gardner: Wrongs and Faults
4: Douglas N. Husak: Strict Liability, Justice and Proportionality
5: Jeremy Horder: Whose Values should Determine when Liability is Strict?
6: R.A. Duff: Strict Liability, Legal Presumptions and the Presumption of Innocence
7: Paul Roberts: Strict Liability and the Presumption of Innocence
8: G.R. Sullivan: Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights
9: Alan C. Michaels: Imposing Constitutional Limits on Strict Liability: Lessons from the American Experience
10: John R. Spencer and Antje Pedain: Approaches to Strict and Constructive Liability in Continental Criminal Law

Edited by Andrew Simester, Professor of Legal Philosophy at the University of Nottingham

Contributors:

R.A. Duff

John Gardner

Stuart P. Green

Jeremy Horder

Douglas N. Husak

Alan C. Michaels

Antje Pedain and J.R. Spencer

Paul Roberts

A.P. Simester

G.R. Sullivan

"A fine collection.... Without exception, the essays will repay close attention.... It leaves the quality of debate on strict liability in criminal law much enhanced"