Criminal Law
The concept of strict liability is also found in criminal law, though the same or similar concept may appear in contexts where the term itself is not used. Strict liability often applies to vehicular traffic offenses. In a speeding case, for example, whether the defendant knew that the posted speed limit was being exceeded is irrelevant. The prosecutor would need to prove only that the defendant was operating the vehicle in excess of the speed limit.
Strict liability can be determined by looking at the intent of the legislature. If the legislature seems to have purposefully left out a mental state element (mens rea) because they felt mental state need not be proven, it is treated as a strict liability. However, when a statute is silent as to the mental state (mens rea) and it is not clear that the legislature purposely left it out, the ordinary presumption is that a mental state is required for criminal liability. When no mens rea is specified, under the Model Penal Code or MPC, the default mens rea requirement is recklessness, which the MPC defines as "when a person consciously disregards a substantial and unjustifiable risk with respect to a material element".
Strict liability laws can also prevent defendants from raising diminished mental capacity defenses, since intent does not need to be proven.
Read more about this topic: Strict Liability
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