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"absolute offence" in America is called...??

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  • Legalbear
    I don t know if the US law is the same but in the UK breaking the speed limit is what they call an absolute offence . I just rejected a post about this and
    Message 1 of 2 , Oct 3, 2006
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      I don't know if the US law is the same but in the UK breaking the speed limit is what they call an "absolute offence".

       

      I just rejected a post about this and decided that it would be informative to the group to understand that in America the equivalent of an “absolute offence” is a “strict liability statute.” I ran a search on Google and found this at http://en.wikipedia.org/wiki/Strict_liability:

       

      Criminal Law

      Strict liability statutes are also utilized in criminal law, though to a lesser extent. The statute is often used in traffic offences such as speeding law - meaning it would not matter if the defendant knew they were exceeding the posted speed limit. The prosecutor would need only prove that the defendant was indeed in excess of the speed limit. The onus would be on the defendant to prove (on the balance of probabilities) that he genuinely believed that he was travelling below the speed limit.

       

      Statutory rape is another example of a strict liability offence. This prevents defendants from raising defences along the line of 'I did not know he/she was underage.' Again, the prosecutor need only prove that the defendant engaged in the sexual activity. The onus rests on the defendant to demonstrate that he genuinely and reasonably believed that the other party was not underage.

       

      Strict liability laws can also prevent defendants from raising diminished mental capacity defences - since intent does not need to be proven.[1]

       

      [edit]

      References

      "Garnett v. State" briefed by Joel Samaha, Department of Sociology at the University of Minnesota , June 9, 2001, retrieved July 30, 2006

       

      Retrieved from "http://en.wikipedia.org/wiki/Strict_liability"

       

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    • hugger8@aol.com
      Under Federal Hiway trust fund regulations, the State, City, or County has to do a speed survey before they can establish a speed limit, which they can use to
      Message 2 of 2 , Oct 3, 2006
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        Under Federal Hiway trust fund regulations, the State, City, or County has to do a speed survey before they can establish a speed limit, which they can use to give you a ticket for speeding.  This issue was won in court in Carson City Nevada a year or so ago.  Another person did the same in Las Vegas, but the court ruled that he was guilty anyway. 
         
        The federal law rules when the jurisdiction takes any federal highway trust fund money.
         
        Wally
         
        Both stories were carried in the Editorial section of the Las Vegas Review Journal.
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