Jump to ContentJump to Main Navigation
Appraising Strict Liability$
Users without a subscription are not able to see the full content.

Andrew Simester

Print publication date: 2005

Print ISBN-13: 9780199278510

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199278510.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 August 2019

Strict Liability, Legal Presumptions, and the Presumption of Innocence

Strict Liability, Legal Presumptions, and the Presumption of Innocence

Chapter:
(p.125) 6 Strict Liability, Legal Presumptions, and the Presumption of Innocence
Source:
Appraising Strict Liability
Author(s):

R. A. Duff

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278510.003.0006

This chapter begins with a discussion of the four varieties of strict liability. These are that liability can be both legally and morally non-strict; liability can be both legally and morally strict; liability can be legally non-strict but morally strict, if the legally defined mens rea does not constitute an appropriate kind of moral fault; and liability can be legally strict but morally non-strict, if conviction does not require proof of any legally recognized mens rea as to an aspect of the offence, but proof of legal guilt also constitutes proof of an appropriate moral fault in relation to the complete offence. The chapter then discusses morally strict liability, presumptions and burdens of proof, the presumption of innocence and its implications, justifying rebuttable legal presumptions, and justifying formally strict liability.

Keywords:   strict liability, criminal law, criminal liability, burdens of proof, legal presumptions

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .