▲ | milesrout 2 days ago | |
Absolute liability is unquestionably completely wrong. It is punishing someone despite his not having had any kind of guilty state of mind. It creates criminal liability for something that is completely beyond the defendant's control. Nothing could be a greater abuse. What justification do you have for the view that it is right that in some US states you can be convicted of a crime despite never having done anything wrong, with no negligence, no recklessness, no intent, no knowledge, nothing? Because that goes against the most fundamental precept of criminal law: the requirement of both actus reus and mens rea. With no guilty mind there is no criminal liability. |