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Wednesday, February 6, 2013

Advantages and Disadvantages of Strict Liability

The point of hard liability was for there to be received rudenesss and omissions where the mens rea of the crime doesnt project to be proved (mainly because it was proficient impossible to prove intent and most hatful were paseo free) and the offence is committed when the actus reus of the crime is complete. grim Liability covers offences/omissions such(prenominal) as; duty of c be when driving and hygiene (correct establishment of waste). Offences of unbending Liability can be seen in cases same Sweet v. Parsley (1970) and Smedleys v. Breed (1974).
Such an avail of Strict Liability is the one for which it was origin aloney made to stop people getting away without punishment because mens rea couldnt be proven. With Strict Liability, people who commit the crimes which it influences can be seen to be brought to justice. but this can be seen as a form of disadvantage because is it fair to blame a person, even when they take all of the reasonable steps to avoid the problem?
A nonher advantage of Strict Liability is that when people are convicted of such an offence the punishments are small, so its not as if they are going to spend the rest of their lives in jail, but they are still seen to be punished.

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This in itself leads to another(prenominal) advantage of Strict Liability because once people know what they did was a crime, their earlier dealings with this area of the law should act as a deterrent. On the other hand, some Strict Liability crimes induce a large penalty, one which may be strong for the average person to pay and there is the obvious break that the punishment wont act as a deterrent at all and the offender will go on to re-offend.
In addition, another advantage is that because the mens rea of the crime does not have to be proven, it is easier for the court to obtain convictions; but this substance that the court proceedings still have to happen, and so the courts have less time to deal with the more important cases another disadvantage. Also, it could be argued that convictions...If you want to get a full essay, revision it on our website: Ordercustompaper.com



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