Scholarly Articles and Other Contributions
 

Document Type

Article

Publication Date

1980

Abstract

This article will evaluate the intent issue in several steps. First, Gypsum and its progeny will be examined to place the issue in context. Next, the article will consider the status of and reasons for a requisite mental element for criminal condemnation. Emphasis will be placed on the common law development of strict criminal liability. The focus will then shift to the evolution of strict liability in the Supreme Court. Against this background, the Sherman Act's criminal provisions will be analyzed to see if they may be appropriately considered strict liability offenses under common law or federal judicial precedent. Finally, the factors used by the appellate courts to distinguish their cases from Gypsum will be reviewed to determine whether they justify a different result.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.