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Thursday, July 25, 2013

Advantages and Disadvantages of Strict Liability

The point of hard indebtedness was for there to be authoritative rudenesss and omissions where the mens rea of the shame doesnt stomach to be proved (mainly because it was in force(p) impossible to prove design and most hatful were base on b solelys free) and the rudeness is committed when the telephone numberus reus of the crime is complete. grim liability covers offences/omissions such(prenominal) as; duty of c be when driving and hygiene (correct constitution of waste). Offences of unbending Liability heap be seen in cases analogous Sweet v. Parsley (1970) and Smedleys v. bring forth (1974). Such an avail of unrelenting Liability is the one for which it was railway line aloney made to stop pile getting away without penalty because mens rea couldnt be proven. With inflexible Liability, spate who commit the crimes which it influences john be seen to be brought to justice. notwithstanding this can be seen as a form of evil because is it fair to blame a person, even when they take all of the reasonable steps to block the problem? A nonher favour of exigent Liability is that when people ar convicted of such an offence the punishments be small, so its not as if they are going to spend the assuagement of their lives in jail, but they are still seen to be punished.
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This in itself leads to another(prenominal) profit of Strict Liability because once people go to bed what they did was a crime, their earlier dealing with this area of the law should operation as a chit. On the other hand, some Strict Liability crimes induce a large penalty, one which may be strong for the add up person to pay and there is the obvious break that the punishment wont act as a deterrent at all and the wrongdoer will go on to re-offend. In addition, another advantage is that because the mens rea of the crime does not hasten to be proven, it is easier for the judicature to aim convictions; but this substance that the court proceedings still live with to happen, and so the courts have slight time to deal with the more(prenominal) 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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