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Different laws are written, variously, from the perspective of intention (mens rea), and others are known as "strict liability." Strict liability laws ask only
by arkades 7y ago
Different laws are written, variously, from the perspective of intention (mens rea), and others are known as "strict liability."
Strict liability laws ask only whether the law was broken, and make no reference to the intent to break the law. A classic example here is statutory rape: being lied to about a partner's age is no defense, because the law asks only for the facts of the situation, not the intentions.
- eloff 7y agoIs there a case where strict liability laws are a better option? It seems like a bad thing to me that leads to less just outcomes. Case in point, whistleblowers are tried under the espionage act using strict liability. It doesn't matter why they did it, if it was harmful or beneficial, only that they did it or not.