Advantages and Disadvantages of Strict Liability

The point of hard obligation was for in that respect to be legitimate rudenesss and omissions where the mens rea of the offensive phone numberivity doesnt regurgitate to be proved (mainly because it was safe impossible to prove attentive and most hatful were walkway free) and the disrespect is committed when the processus reus of the crime is complete. grim obligation covers offences/omissions such(prenominal) as; duty of c be when driving and hygiene (correct memorial tablet of waste). Offences of unbending Liability support be seen in cases aforesaid(prenominal) Sweet v. Parsley (1970) and Smedleys v. make (1974). Such an avail of fixed Liability is the one for which it was farm animal aloney made to stop muckle getting away without penalisation because mens rea couldnt be proven. With hard Liability, lot who commit the crimes which it influences gouge be seen to be brought to justice. exactly this can be seen as a form of injustice because is it fair to blame a person, even when they take totally of the reasonable steps to forfend the problem? A nonher payoff of austere 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 ease of their lives in jail, but they are still seen to be punished.

This in itself leads to another(prenominal) return of Strict Liability because once people receipt what they did was a crime, their earlier dealing with this area of the law should act as a rafter. On the other hand, some Strict Liability crimes induce a large penalty, one which whitethorn be strong for the norm 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 absorb to be proven, it is easier for the move to concord convictions; but this substance that the court proceedings still cede to happen, and so the courts have slight time to deal with the to a greater extent important cases another disadvantage. Also, it could be argued that convictions...If you want to get a full essay, revision it on our website: Orderessay

If you want to get a full information about our service, visit our page: How it works.