The Constitutionality of Strict Liability - What is the current view of the constitutionality of strict liability?
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Recalling Morissette - Although the Supreme Court has never considered the question comprehensively, it has upheld the constitutionality of strict liability statutes, Or, to put this differently, it has rejected the assertion that proof of a culpable mens rea is constitutionally required.
In Morissette, the Court applied a presumption against strict liability in a case involving a statute derived from a traditional common law offense, but the Court did not base its conclusion on constitutional grounds; it was purely a matter of interpreting Congress's intent.
No Holdings on Constitutional Grounds - The Supreme Court's refusal to hold that mens rea is constitutionally required stands in contrast to the Court’s rulings on actus reus, where it has held that proof of an actus reus is constitutionally required (see our tutorial on “status offenses” in the Actus Reus section).
On one occasion, the Supreme Court struck down a strict liability statute (Lambert v. California, 355 U.S. 225 (1957)), but it did so on the grounds that the statute failed to provide adequate notice rather than because of any concerns about the constitutionality of strict liability itself.
It remains an open question whether the Court might impose limitations on strict liability statutes if such statutes provide for harsh penalties (for example, a lengthy prison term).
This concludes our posts on criminal law strict liability.
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