Download Appraising Strict Liability by A. P. Simester PDF

By A. P. Simester

This e-book is a suite of unique essays supplying the 1st full-length attention of the matter of strict legal responsibility within the felony legislations: that's, the matter of felony offences that let a defendant to be convicted with out evidence of fault. as a result of its power to convict innocent people, strict legal responsibility is a hugely debatable phenomenon within the legal legislations. together with Anglo-American and ecu views, the contributions supply a sustained and wide-ranging exam of the elemental matters. The breadth and intensity of the chapters mix to provide readers with a cosmopolitan research of where and legitimacy of strict legal responsibility within the felony law.

Show description

Read or Download Appraising Strict Liability PDF

Best criminal law books

Conscience and Convenience: The Asylum and Its Alternatives in Progressive America (New Lines in Criminology)

During this up to date new version, Rothman chronicles and examines incarceration of the felony, the deviant, and the based in U. S. society, with a spotlight on how and why those tools have persevered and extended for over a century and a part, regardless of longstanding proof in their disasters and abuses.

The Social Contexts of Criminal Sentencing

Traditionally, the declaration and invocation of legal consequences have been public spectacles. at the present time, worry of crime and disaffection with the felony justice approach be sure that this public fascination with punishment keeps. some time past decade, almost each legislature within the state has undertaken sentencing reform, within the desire that public main issue with crime will be allayed and dispari­ ties in felony sentences will be decreased if now not eradicated.

Corrective Justice

Deepest legislation governs our such a lot pervasive relationships with folks: the wrongs we do to each other, the valuables we personal and exclude from others' use, the contracts we make and holiday, and the advantages learned at another's price that we can't justly maintain. the key principles of personal legislation are popular, yet how they're equipped, defined, and justified is an issue of fierce debate by way of legal professionals, economists, and philosophers.

Extra info for Appraising Strict Liability

Sample text

Duff 7 Strict Liability and the Presumption of Innocence: An Exposé of Functionalist Assumptions Paul Roberts 8 Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights G. R. Sullivan 9 Imposing Constitutional Limits on Strict Liability: Lessons from the American Experience Alan C. Michaels 10 Approaches to Strict and Constructive Liability in Continental Criminal Law John R. v) General Editor’s Preface English criminal law uses forms of liability that may fairly be termed ‘strict’ in large numbers: quite possibly there are more offences imposing strict liability than requiring fault, and more offences of this kind than in most other European countries.

11) Cf. Lindsay Farmer, Criminal Law, Tradition and Legal Order (Cambridge 1997) 122. (12) Compare the definition espoused by Glanville Williams, ‘The Definition of Crime’ (1955) Current Legal Problems 107, 123. (13) Sullivan notes some exceptions: this volume, Ch. 8, § 1 n. 2. (14) (1875) 2 CCR 154; cf. Bishop (1880) 5 QBD 259. (15) Prince came, at last, to be rejected by the House of Lords in B (a minor) v. DPP [2000] 2 AC 428 and K[2002] 1 AC 462. (16) The phrase is Farmer’s: Criminal Law, Tradition and Legal Order, 123.

5, where he argues that a defendant blamelessly acting under duress should receive a ‘vindicating’ conviction but no (further) punishment. (2) Cf. the contribution to this volume by John Spencer and Antje Pedain, Ch. 10. Indeed, one of the most powerful reasons for introducing a criminal code in England and Wales is the opportunity it may create to decriminalize many regulatory wrongs, by formally redesignating them as administrative violations. (3) Perhaps the most notable early measure was the Factories Act 1833: 3 & 4 Will.

Download PDF sample

Rated 4.50 of 5 – based on 11 votes