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Appraising Strict Liability$
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Andrew Simester

Print publication date: 2005

Print ISBN-13: 9780199278510

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199278510.001.0001

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Strict Liability, Legal Presumptions, and the Presumption of Innocence

Strict Liability, Legal Presumptions, and the Presumption of Innocence

(p.125) 6 Strict Liability, Legal Presumptions, and the Presumption of Innocence
Appraising Strict Liability

R. A. Duff

Oxford University Press

This chapter begins with a discussion of the four varieties of strict liability. These are that liability can be both legally and morally non-strict; liability can be both legally and morally strict; liability can be legally non-strict but morally strict, if the legally defined mens rea does not constitute an appropriate kind of moral fault; and liability can be legally strict but morally non-strict, if conviction does not require proof of any legally recognized mens rea as to an aspect of the offence, but proof of legal guilt also constitutes proof of an appropriate moral fault in relation to the complete offence. The chapter then discusses morally strict liability, presumptions and burdens of proof, the presumption of innocence and its implications, justifying rebuttable legal presumptions, and justifying formally strict liability.

Keywords:   strict liability, criminal law, criminal liability, burdens of proof, legal presumptions

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