Strict liability Flashcards
1
Q
CL presumption
A
against strict liability
2
Q
CL factors of strict liability
A
(1) stat crime is not derived from common law
(2) there is a policy that would undermine mens rea
(3) standard imposed is reasonable and expected
(4) penalty is small
(5) conviction does not damage reputation
3
Q
CL examples of strict liability
A
public welfare offenses, selling alcohol to minors, expired license, statutory rape in most states
4
Q
MPC when a statute includes no mens rea
A
prove that D acted with at least recklessness
5
Q
MPC only exception to elemental requirement
A
mens rea need not apply to violations
