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Keywords: strict liability
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Journal Articles
New Criminal Law Review (2020) 23 (4): 516–564.
Published: 27 November 2020
...Monika Simmler The main argument of this article is that only a clear conception of the purpose of punishment can orient the debate about the positioning of the fault requirement and strict liability doctrine in criminal law. A categorization of the varieties of strict liability offenses, as well...
Journal Articles
New Criminal Law Review (2016) 19 (4): 577–591.
Published: 01 November 2016
... under criminal law for representation, judicial review, and uniform sentencing, among others. Restorative justice shares this automatic culpability with strict liability, an older and proven legal tool that has had long experience convicting defendants without the need to prove mens rea . The present...
Journal Articles
New Criminal Law Review (2015) 18 (3): 369–417.
Published: 01 August 2015
... have criticized the traditional interpretation of the doctrine; legal moralists in particular have argued that this account is conceptually confused. Because the doctrine’s use of a strict liability punishment regime does not incentivize individuals to learn the law as well as a negligence regime might...
Journal Articles
New Criminal Law Review (2012) 15 (2): 277–332.
Published: 01 April 2012
... through the University of California Press's Rights and Permissions website, http://www.ucpressjournals.com/reprintInfo.asp . 2012 death penalty prosecutorial discretion sentencing strict liability EX ANTE FAIRNESS IN CR IM INAL LAW AND PROCEDURE Vincent Chiao* In Furman v. Georgia...