(2) Criminal Law: Strict Liability/Vicarious Liability Crimes

Question 1

Strict Liability Crimes

Answer 1

Strict liability crimes only require proof of actus reus.

*Criminal offenses requiring no mens rea are generally disfavored. Therefore, must be some clear indication of congressional intent to dispense the mens rea as an element in the crime.

Question 2

What crimes are considered Strict Liability Crimes?

Answer 2

Strict liability crimes include statutory rape, public welfare offenses (threaten public health/safety), selling liquor to minors, etc.

Question 3

Vicarious Liability Crimes

Answer 3

Vicarious liability will be applied to D when a third party satisfies the applicable actus reus for a strict liability crime. When the punishment for a strict liability crime is light courts are more likely to find for vicarious liability (i.e., a fine).

Question 4

Vicarious Liability Crimes - Modern Trend Rule

Answer 4

Modern trend limits vicarious liability to regulatory crimes.

Question 5

Modern Trend & Common Law Rule:

Corporations & Agents

Vicarious Liability Crimes

Answer 5

Modern trend find vicarious liability for corporations when an agent is acting within the scope of employment. Common Law would not allow as the corporation could not satisfy the applicable mens rea.