Abstract

http://ssrn.com/abstract=1721863
 
 

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Killings During Crime: Toward a Discriminating Theory of Strict Liability


Kevin Cole


University of San Diego School of Law

December 7, 1990

American Criminal Law Review, Vol. 28, No. 1, 1990

Abstract:     
Commentators persistently have attacked the strict-liability aspects of the felony-murder and misdemeanor-manslaughter rules, and strict criminal liability more generally. While acknowledging the force of the argument against strict liability, this article also recognizes the concept's persistence and the difficulty this persistence causes for doctrinal analysis. The article explores how a discriminating theory of strict liability might illuminate the decisions courts must make when confronted with strict liability in the criminal law.

Number of Pages in PDF File: 48

Keywords: criminal law, strict liability, felony murder, misdemeanor manslaughter, criminal law theory

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Date posted: December 8, 2010  

Suggested Citation

Cole, Kevin, Killings During Crime: Toward a Discriminating Theory of Strict Liability (December 7, 1990). American Criminal Law Review, Vol. 28, No. 1, 1990. Available at SSRN: http://ssrn.com/abstract=1721863

Contact Information

Kevin L. Cole (Contact Author)
University of San Diego School of Law ( email )
5998 Alcala Park
San Diego, CA 92110-2492
United States
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