Strict liability in the criminal law of the United States of America

Abstract

In the paper is analyzed the concept of strict liability in criminal law of the United States, which applies in respect of certain very limited range of crimes and represent an exception to the principle of guilt and individual subjective responsibility as a rule in criminal law of the United States. The author explains the basic elements of the general concept of a criminal offense in the United States - an objective component (actus reus) and subjective component (mens rea) and the general concept of crime associated with the concept of strict liability for a criminal offense in certain cases. The subjective component of the general concept of the criminal offense is an expression of the principle of guilt in the criminal law of the United States, and in relation to it there are some exceptions when contrary to the general rule on the subjective nature of responsibilities for criminal offense. For some specific types of criminal offences is established strict liability. The author concludes that in our literature there are often a lack of understanding in relation to the concept of strict liability in criminal law of the United States, and sometimes there are even erroneous translations and erroneous interpretations too of that term in English language of the criminal law of the United States, which explains wrong. This certainly does not correspond substantially term, which comes down to strict liability, i.e. means the absence of subjective (mens rea) elements, which is otherwise necessary in the construction of the general concept of the criminal offense, and it is an exception of the general principle of subjective guilt and responsibility, what is the rule.