Killings During Crime: Toward a Discriminating Theory of Strict Liability

48 Pages Posted: 8 Dec 2010

See all articles by Kevin Cole

Kevin Cole

University of San Diego School of Law

Date Written: December 7, 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.

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

Suggested Citation

Cole, Kevin L., 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: https://ssrn.com/abstract=1721863

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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