PS 3250 Chapter 5: Chapter Five Book Notes

• School: Oakland University
• Department: Political Science
• Course: PS 3250
• Professor: Julie Walters

Document Summary

Strict liability is an important tort law concept but also used in the criminal arena where there is a strong public interest involved to justify eliminating the mens rea requirement. Strict liability imposes accountability without proof of criminal intent in situations where society deems it fair to do so. Ex: statutory rape, as criminal liability is still attached to the adult even if the minor lied about their age or the adult did not know their age. Vicarious liability refers tot he imputation of accountability from one person to another, usually the individual"s superior/supervisor. This is only applicable in civil cases, never in criminal cases. Inchoate crimes are crimes that occur in preparation for an offense. Attempt; there must be proof of the specific intent to carry out an act that constitutes a crime. General intent, or the person"s general tendency to commit criminal acts at any time or against any person when the opportunity arises, is not sufficient.