Download PDF

The public understanding of what is and is not a crime has eroded over time. The common law was clear: a crime requires the union of a prohibited act or actus reus and a guilty mind or mens rea. Increasingly, however, "strict liability" offenses requiring no proof of a mens rea are becoming more common. This article briefly reviews this development and proposals for addressing the trend at the state level.

Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at info@fedsoc.org.