2 ms·
The problem with strict liability is the same problem with thing like mandatory minimum sentences. It ties judges hands to address the actual circumstances of a
by throwaway2048 11y ago
The problem with strict liability is the same problem with thing like mandatory minimum sentences. It ties judges hands to address the actual circumstances of an event, and without exception forces at least equal penalties on people who frankly, don't deserve it. There is no balancing point in this equation either. politicians always wanna be "tough on crime", and the latest case where some horrible monster gets a lighter penalty for nuanced reasons the public isn't interested in understanding is sure to result in a push for mandatory minimums and strict liability.
Consider the case of something like a child porn thumbnail on your pc. Where did it come from? Might have come from a Google image search, and you are totally unaware of it. However because child pornography possession is a strict liability crime you could be looking at years of jail time.
A law without exceptions is tyrannical no matter what its form.
The answer to perceived "bad guys getting away with it" isn't always to force harsher penalties regardless of circumstance.
The law is not, and never could be a fixed computer program you run that evaluates the fact, and spits out a just resolution.