Discuss differences between culpability and strict liability

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Reference no: EM133362570

Question:

For some behaviors, criminal liability is imposed even if there is no guilty state of mind. Strict liability crimes only require that a person, voluntary act. Persons guilty of these crimes do not act purposely, knowingly, recklessly, or negligently. They may have done something accidentally or made a mistake-even a reasonable one. Nonetheless, the criminal law holds them liable.

1.Discuss the differences between culpability and strict liability.

2.Do you agree with the requirements for each?

3. Should someone be less culpable of a crime if they are intellectually disabled, a young juvenile, or have some other limiting factor? Why or why not?

Some scenarios are listed below to think about and to answer. Use the concepts of strict liability and culpability to guide your responses. Try to discuss whether these scenarios should need to meet the minimum requirements of culpability to be considered a crime or if they should fall under strict liability.

4. Should the bartender be held strictly liable, culpable, or neither if they overserve someone and they drive drunk and kill someone?

5. Should a drug dealer who sells a drug, even if they may not know it is laced that leads to an overdose be held liable, culpable, or neither for an overdose death? Explain your position.

6. Should a person who has sex with a minor who lied about their age, and claims they "looked like an adult" be held strictly liable, culpable, or neither for statutory rape? Explain your response.

Reference no: EM133362570

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