Justification for strict liability

Question 1

State one justification and explain why this is justified

Answer 1

Policy issues
- encourages higher standards of care and protects public safety.

Question 2

State one justification and explain why this is justified

Answer 2

• social utility
• ensures quick enforcement and deterrence, especially in public welfare cases.

Question 3

State another justification and explain why this is justified

Answer 3

Prevention of harm
-Focuses on protecting the public, even if the defendant didn’t intend harm.

Question 4

List all the other justifications

Answer 4

• it is easier to enforce as there is no need to prove mens rea
• it saves the court time as people are more likely to plead guilty
  -Parliament can apply the ‘due diligence’ defence where this is thought to be appropriate
  lack of blameworthiness can be taken into account when sentencing.

Question 5

what are the arguments against strict liability

Answer 5

-it imposes liability on people who are not blameworthy
-those who are unaware of risks may be guilty
there is no evidence that it improves standards
- some strict liability offences carry a social stigma