Killings During Crime: Toward a Discriminating Theory of Strict Liability

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