What are some disadvantages of strict liability?

Answer:

Disadvantages of Strict Liability

  • Injustice - Can a person person to be blamed, or is it even fair that even though they took all reasonable steps to avoid the problem?
  • Ineffectiveness - there is no deterrent if the guilty party is not caught.
  • Little administrative advantage - not much time is saved since the court still needs to hear the whole of the case.
  • Reverse burden of proof - There is presumption in English law that you are innocent until proven guilty, however in some strict liabilty cases the role is reversed and you are assumed guilty of the offence unless you can prove that you are not guilty. This is contrary to the normal "presumption of innonecence". The way this operates can be seen in Halton Magistrates' Court, ex parte Grundy Excavations 2003. This seems an unfair injustice in our modern society
  • Inconsistent application - there is a lack of certainly due to the reliance on statutory interpretation
First answer by ID1318352173. Last edit by ID1318352173. Question popularity: 2 [recommend question].