4. Strict liability

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses a special form of criminal liability: strict liability (including absolute liability). A strict liability offence is an offence which does not require proof of a fault element (i.e. where the prosecution need not prove at least one mens rea element). An absolute liability offence does not require proof of any mens rea elements. This chapter also evaluates the arguments for and against strict liability and discusses regulatory offences.

A strict liability offence is one where it is not necessary to prove any mental state of the defendant. All that needs to be shown is that the defendant caused a particular result or carried out a particular act. The courts will only interpret the offence to be one of strict liability where Parliament has made it quite clear that there is no mens rea requirement for the offence. There are some offences which just require proof that the defendant possessed a prohibited item. This chapter discusses the offences that are strict liability; when a court will not presume mens rea; what mens rea will be presumed; the Human Rights Act 1998 and strict liability offences; common law defences and strict liability offences; possession offences; and the arguments for and against strict liability.

A strict liability offence is one where it is not necessary to prove any mental state of the defendant. All that needs to be shown is that the defendant caused a particular result or carried out a particular act. This chapter discusses the offences that are strict liability; when a court will not presume mens rea; what mens rea will be presumed; the Human Rights Act 1998 and strict liability offences; common law defences and strict liability offences; possession offences; and the arguments for and against strict liability.

The case Professor Alexander poses at the beginning of his rejoinder, that of the intentionally drunken officer, is a variant of a familiar problem. One does something, usually ingesting drugs or alcohol voluntarily, which then makes one's, subsequent behavior involuntary. Alexander's case is slightly different in that the officer intentionally gets drunk with the further intention (as part of the course of action) of sinking the Bismarck. Why is this a problem for my analysis? He proposes three escape routes from his argument (though I confess, I'm not sure what I'm escaping from). In discussing the second route, he seems to concede that my analysis would work for his counter example since . . the officer's past voluntary acts led him to be where he was when the wave caused him to lose his balance. But, he goes on, . . This route will not allow us to distinguish cases of proper strict liability and negligence liability from cases of no liability due to the absence of a voluntary act. Why not? The issue is the existence of an independently specifiable act or course of action or voluntary omission preceding an involuntary motion that somehow makes us responsible for the involuntary motion. Let us take an example. Suppose one reads but ignores a clear warning label on drugs, then operates a vehicle, then--lapsing into unconsciousness--injures someone. Surely, this is a case of negligence. Following my analysis, it requires the injurious consequence and an act intentional under a variety of descriptions (taking medication, ignoring the directions, and so on) carried out in a proscribed manner, that is, violative of a duty of due care. In the involuntary motion cases, there is no series of prior voluntary acts which we could specify and would characterize as negligence. Of course, all involuntary motions are preceded by various voluntary acts. But not all are preceded by a series of such acts which both cause those involuntary motions to cause injury and are done in a negligent manner. Alexander offers no argument that we cannot distinguish cases of negligence from what Holmes calls no act cases, only the naked assertion that we cannot. But the above approach, following my discussion of negligence in the paper, seems clearly to do that. The one example Alexander does offer as counterargument is the strict liability case, the one in which sinking the Bismarck is a strict liability offense. Note first that this offense is defined by a consequence alone. Typically, this is not how strict liability offenses are defined. Rather, they are constituted by a course of action producing death, injury, or property damage, such as manufacturing impure drugs or causing injury while doing demolition work. …

The purpose of this research is first to describe the arrangement of criminal liability for business actors for iron sand mining activities which result in environmental damage; second, to describe the form of criminal responsibility of business actors for iron sand mining activities which result in environmental damage. Empirical legal research methods (non-doctrinal), case and policy approaches, using data collection, documentation, observation, and interviews and integrating with literature review of legal documents relevant to the object under study, and analyzed descriptively. The results of the study show, First, legal arrangements for criminal acts of environmental pollution committed by business actors, can be seen in Article 98, Article 99, Article 100, Article 101, Article 104, Article 105, and Article 112 of Law Number 32 of 2009 concerning Protection and Management of the Environment (UUPPLH) can be imposed on individuals, corporations, and authorized officials. Furthermore, accountability for criminal acts of environmental pollution as ultimum remedium is the last legal remedy where the goal is to punish the perpetrators in the form of imprisonment. In enforcing environmental criminal law through four stages namely investigation, prosecution, examination, and execution. In article 94 of the UUPPLH the investigators are Republic of Indonesia Police Officers and Civil Servant Officials, in article 96 evidence, the validity of evidence is witness testimony, expert testimony, letters, certain instructions, statements from the accused, as well as other evidence including evidence which is regulated in laws and regulations. Second, Forms of Corporate Criminal Liability Against Iron Sand Mining Activities Causing Environmental Damage. In the form of absolute liability (strict liability), however, based on Article 88 of the Law, absolute liability or (strict liability) is only limited to the obligation to pay compensation in the event of a civil lawsuit, on the other hand, criminal liability adhered to by the Law Number 32 of 2009 concerning Environmental Protection and Management still adheres to the principle of error.

World Anti-Doping Agency considers doping transgressions strict liability offences. Strict liability offences that restrict human rights may be morally justified where legitimate social interests outweigh the rights of individuals. The World Anti-Doping Agency Code is currently under review, with a revised Code expected to be issued in January 2021. This article critically examines whether the Code conforms to international human rights standards, and whether strict liability can be ethically justified on the basis that they are in the public interest. It also considers how the principles of anti-doping policy may be shaped by and for athletes through a Rawlsian critique of anti-doping regulation.

The subject. This article is devoted to the content of the principle of proportionality in disputes about the strict liability of football clubs for the behavior of spectators. The proportionality means that the sanction corresponds to the offense and it has two dimensions. Firstly, the more serious the offense is the higher the sanction should be. Secondly, proportionality protects sport from unreasonably low sanctions while the violation is serious.The purpose of the study is the content of the principle of proportionality: the use of related principles of sports jurisprudence, exceptional circumstances (mitigating and aggravating) in the practice of applying clubs` strict liability for spectators` behavior in UEFA competitions over the period 2007-2021. Liability without fault increases the value of investigating the factual circumstances of a dispute. The broad discretion of the bodies raises the question of the validity of the choice of aggravating circumstances or the refusal of mitigating circumstances. Therefore, the jurisdictional authority in each specific dispute must search for exceptional circumstances thereby fulfilling the principle of proportionality. The second important nuance of strict liability in the UEFA regulations is the difference in the interconnection between violations and sanctions. In some articles, the sanction is predetermined. It is possible to reduce such a sanction only in the presence of an exceptional circumstance and to increase it in the presence of an aggravating circumstance. Separately considered, in conjunction with the principle of proportionality, other principles: principles of predictability of sanctions, equal treatment, the precedent value of decisions on similar disputes (stare decisis).Methodology. The methodological basis of the stated research involves the generalization and analysis of the practice of two institutions of sports jurisprudence. Firstly, the jurisdictional bodies of UEFA are publicly available, as well as available to the author, but currently not available for free download on the UEFA website. Secondly, the relevant decisions of the Court of Arbitration for Sport are in the public domain. Turning to the approaches of law enforcement officers regarding the content of the principle of proportionality meant comparing positions that did not differ in inconsistency. As a result of the analysis of the practice were systematized and identified typical exceptional circumstances, unique exceptional circumstances, and specific enforcement of the principle of proportionality.The main results of research and the field of their application. The article examined the normative limits of sanctions in the UEFA Disciplinary Regulations; exceptional circumstances affecting the choice of sanction; search by the law enforcement officer of the content of exceptional circumstances; principles of predictability of sanctions, equal treatment, the precedent value of decisions on similar disputes (stare decisis) in connection with the verification of sanctions for proportionality. Compliance with the principle of proportionality, in this case, should protect the club from an unreasonably harsh and grossly disproportional sanction. Therefore, it is important to analyze the factual circumstances: which of them are mitigating and which are aggravating. In other categories of offenses, the sanction remains at the discretion of the jurisdictional authority. In such violations, the principle of proportionality takes on a special value. The more flexibility in the choice of sanction is, the higher is the risk of abuse by the jurisdictional bodes. UEFA`s enforcement practice is seeking exceptional circumstances that are not consistent enough to be predictable. Some consistency exists only concerning aggravating circumstances. There is an unreasonably strict approach to mitigating circumstances. The practice of CAS does not differ from the practice of UEFA in terms of strict liability compositions. The principle of proportionality in sports jurisprudence can be interconnected with other legal concepts. Such concepts are equal treatment, predictability, and so-called stare decisis.Conclusions. For the slightly undisputed observance of the principle of proportionality, several requirements must be fulfilled. First, analyze the factual circumstances to find exceptional circumstances among them. Secondly, always choose the minimum sanction in the absence of aggravating circumstances, since strict liability is a forced legal institution. Thirdly, indicate in the decisions what circumstances are mitigating, what aggravating circumstances have been established, and how they both affect the choice of a sanction. Fourth, use the previous decisions of the UEFA`s jurisdictional bodies and CAS of the strict liability offenses when the actual circumstances are close.

In some sports, especially collision games such as rugby, well-intentioned rules, crafted to make the game safer, are being enforced as absolute liability offences. This article argues that an absence of fault stance should be adopted, to allow breaches of some safety rules to be adjudged as strict liability rather than absolute liability offences. If absolute liability is pursued regardless of fault, the coherence and welfare objectives of those safety rules are compromised. Indeed, the long-term viability of collision sports may become questionable.

Product liability suits in the form of strict liability in tort have the effect of reducing consumer choices by reducing the diversity of products that manufacturers are willing to produce and sell. The move toward absolute liability is, however, reversing. The effect of proposed and enacted legislative relief for product manufacturers and sellers on strict liability concepts is apparent when comparison is made. But, even with legislative relief, marketers may find the risks of damage suits connected with low priced products too high.

This study examined the legal basis of civil liability in the nuclear field by assessing the feasibility of fault-based liability, whether it is based on proven fault or presumed fault, to establish civil liability for nuclear damages. Furthermore, the study addressed strict liability as the most suitable solution for establishing liability in the nuclear field, given the inadequacy of fault-based liability in addressing the issues of nuclear incidents and compensation for them. The study recommended the necessity of implementing strict and absolute liability in the nuclear field to protect individuals, society, and the environment from the catastrophic severity of nuclear incidents. It emphasized the importance of focusing on all means of nuclear safety and security to avoid any nuclear incident, and the significance of solidarity among nuclear operators and insurance pools and funds when facing nuclear incidents and addressing the severe damages they cause.

I. INTRODUCTION The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, (CERCLA)(1) does not expressly impose liability. Rather, CERCLA provides generally in definitional section that the terms `liable' or `liability' under this subchapter shall be construed to be standard of which obtains under section 1321 of Title 33,(2) which is Section 311 of Clean Water Act.(3) As of time of CERCLA's enactment in 1980, federal courts had construed Section 311 of Clean Water Act to impose strict liability.(4) Therefore, numerous federal courts have concluded that CERCLA also imposes strict liability on four statutory categories of responsible persons for costs and damages resulting from release or threatened release of a hazardous substance from a vessel or facility into environment.(5) Courts and commentators, however, have failed to clarify that concept of strict liability has different meanings in different contexts, and it is necessary to take into account correct paradigm(6) of to properly interpret CERCLA. The term strict liability can refer either to for criminal offenses and civil public welfare offenses, or to in tort for or abnormally dangerous activities.(7) In context of for criminal offenses and civil public welfare offenses, definition of is limited to concept of mens rea, or mental element of a crime or infraction.(8) Under this paradigm, applies to commission of a prohibited act, regardless of mental state of defendant.(9) Strict in tort for highly hazardous activities is similar to for criminal and public welfare offense because proof of a defendant's mental state, such as intent or negligence, is not required for liability. However, tort concept of for ultrahazardous activity also encompasses important concepts of that make it a significantly different conceptual paradigm.(10) Most importantly, inquiry in context of for ultrahazardous activity focuses on harm that flows from an instrumentality, as opposed to harm from conduct of a specific individual defendant.(11) A defendant's is based on defendant's relationship to instrumentality, such as being owner, operator or user.(12) In addition, a plaintiff establishing tort for ultrahazardous activity may recover damages for all harm that is caused by dangerous instrumentality, as long as it is of type that made instrumentality ultrahazardous in first place.(13) A proximate causation analysis, to extent applicable at all, does not include a requirement that harm was foreseeable based on a particular defendant's vantage point, as in negligence law.(14) Strict for ultrahazardous activity also has a unique approach regarding intervening causes such as third parties and acts of God.(15) Litigants have, on occasion, advanced concept of as a basis to explain nature of CERCLA causation, but some courts and commentators have mistakenly responded that only relates to mens rea and is irrelevant to causation.(16) These courts and commentators have failed to clarify that CERCLA's structure is derived in large measure from tort paradigm of for ultrahazardous activity, not from criminal/civil public welfare offense paradigm, and have incorrectly conceptualized CERCLA in terms of activity of an individual defendant.(17) Thus, rather than viewing basis of as a relationship between defendant and an instrumentality that causes harm (the CERCLA vessel or facility), some courts have required a showing that an individual defendant's acts caused harm in form of cleanup costs or natural resource damages. …

Narrowing the Gap between Regulatory and Criminal Offences in Canada

It appears according to writings in common law and domestic law that it’s impossible to consider a single base for civil liability and consequently bailee’s liability in all cases. Liability based on negligence, strict liability and objective liability are the concepts that have been explained when discussing the basis of liability. However, it seems that strict liability cannot be an independent base for civil liability and consequently bailee’s liability. Th liability based on negligence is rooted in the invocation of damages to the behavior of damage creator and in fact, the negligence is not the principle. On the contrary, the objective liability can have an independent basis for liability. Of course, mentioning these concepts, necessarily does not imply their existence in both said legal systems, but there is notable evidence that support the existence of a thought-provoking affiliation in the foundation of liability in these two systems. Practically, it can be said that, in terms of the efficiency in suppressing the bailee’s breach of duty, considering the objective liability and in most strict state, domestic law has accepted absolute liability and is more successful than common law.

Most crimes in America require that the defendant have mens rea, Latin for "guilty mind." However, mens rea is not legally required for strict liability crimes, such as speeding, for which someone is guilty even if ignorant or deceived about her speed. In 3 experiments involving participants responding to descriptive vignettes, we investigated whether the division of strict liability crimes in the law reflects an aspect of laypeople's intuitive moral cognition. Experiment 1 (N = 396; 236 male, 159 female, 1 other; Mage = 30) found evidence that it does: ignorance and deception were less mitigating for strict liability crimes than for "mens rea" crimes. Experiments 2 (N = 413; 257 male, 154 female, 2 other; Mage = 31) and 3 (N = 404; 183 male, 221 female, Mage = 35) revealed that strict liability crimes are not treated as pure moral violations, but additionally as violations of convention. We found that for strict liability crimes, ratings of moral wrongness and punishment were influenced to a greater extent by the fact that a rule had been violated, even when harm was kept constant, mirroring the legal distinction of malum prohibitum (wrong as prohibited) versus malum in se (wrong in itself). Further, we found that rules prohibiting strict liability crimes were judged more arbitrary than corresponding rules for "mens rea" crimes, and that this judgment was related to the role of mental states. Jointly, the findings suggest a surprising correspondence between the law and laypeople's intuitive judgments. (PsycINFO Database Record

Strict liability offences