Three Legal Doctrines

Paper Summary:

This paper relates that criminal liability is the idea that elements of a crime need to be proven beyond a reasonable doubt and should be proven to have been committed by the defendant. The paper also relates that strict liability assigns some minimum level of social behavior and conformity to the actions of individuals; hence, it does not require the principle of mens rea to hold. Next, the paper reports that justification of criminal conductrefers to any act that would ordinarily be considered a crime but is negated by the fact the action was used to mitigate some aspect of criminal activity.

Table of Contents:
Criminal Liability
Strict Liability
Example 1
Example 2
Example 3
Justification of Criminal Conduct

From the Paper:

"Self-defense as a justification for criminal conduct is not uncommon and simply refers to actions taken by an individual to prevent another individual from inflicting harm. For example, if a burglar enters an individual's premises and during a struggle gets killed, this can be classified as self-defense. However, choosing to not walk away from a challenge and killing or hurting an individual who attacked, may not be self defense.
"The defense of others is similar to the self-defense scenario above except the act of defense is done by another party."

Sample of Sources Used:

• Bailyn, E. (n.d.). Strict liability. Choose Law Articles. Retrieved August 21, 2007, from http://articles.chooselaw.com/general/view/Strict-Liability.283.html
• Bowett, D. (January 1960). Self-Defense in International Law. The American Journal of International Law, 54, (1), 199-201
• Rank, J. (n.d.). Homicide - Justifiable Or Excusable Homicide, Other Defenses, Euthanasia And Physician-assisted Suicide, Further Readings. American Law Encyclopedia, 5. Retrieved on August 25, 2007 from http://law.jrank.org/pages/7405/Homicide.html
• Schellenberg Wittmer Attorneys at Law (November 2003). Criminal Liability of Legal Entities. Schellenberg Wittmer Newsletter. Retrieved on August 25, 2007 from http://finance-in-europe.com/devs/switz/pc/szpc_002.pdf
• Shavall, S. (1980). Strict liability versus negligence. Journal of Legal Studies, 1(9), 2-3.

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