- high court of Canada takes the opposite approach to strict liability as the Supreme Court of the U.S., and holds that absolute liability is unconstitutional; “deprivation of liberty not ‘in accordance with the precepts of fundamental justice”. [one U.S. court has held that an affirmative defense may be available to a defendant charged with an absolute liability crime even if not provided for by the statute].
- Dotterweich was convicted of violation of the Federal Food, Drug and Cosmestics Act of 1906 and 1938, for having distributed drugs received mislabeled from their manufacturers. The legislative power of Congress was exercised to place the burden of relative hardship of determining the safety of products on the distributors of drugs, who have it within their knowledge and ability to prevent harm to the public, rather than on the uninformed public [“largely beyond self-protection”].
Recent comments
11 weeks 3 days ago
11 weeks 3 days ago
23 weeks 12 hours ago
23 weeks 22 hours ago
40 weeks 1 day ago
40 weeks 2 days ago