Learning Goal: I’m working on a criminal justice discussion question and need an explanation and answer to help me learn.This is a graded discussion: 10 points possibledue Feb 27Strict Liability (POST)5050 unread replies.5050 replies.Strict liability crimes eliminate the need for a particular mens rea. An example of a strict liability crime is statutory rape. If a person over 18 has sexual relations with a person under 18, it doesn’t matter that they didn’t know their partner was under 18. There is no “knowing” requirement, or even a reckless or negligent requirement. In fact, the defendant could prove that they checked the ID of the partner and it said they were 19 and it looked real. Maybe it was real, and the birthdate was wrong! Even that doesn’t negate the fact that they are guilty under the law. They don’t have to know the age of their partner. If they are under 18, then they are guilty of statutory rape.
Watch the video posted for this week, or if you have trouble viewing the video, read the article in our module about about using strict liability to prosecute herion dealers. The law in their state takes away the “intent to kill” in prosecutions of drug dealers. If they deal herion, even if they don’t do it with the intent to kill, they can be prosecuted for 1st degree murder.
So let’s talk about these laws. Is it fair to prosecute a drug dealer for murder if all they did was sell the drugs and had no intent to kill?
What about statutory rape? Why have these laws been passed with strict liability? Find an example of a case in the news where a person was prosecuted and convicted of statutory rape. What was their sentence? Do you believe it was a fair sentence
Strict Liability Article (READ) (READ THIS ARTICLE IN PLACE OF THE STRICT LIABILITY VIDEO IF THE VIDEO WON’T LOAD)Drug Dealer Sentenced to 10 Years in Prison for Supplying Fentanyl and Heroin that Caused Two Overdose DeathsAG’s Office charged Terrill Spann under New Jersey’s strict liability for drug-induced death lawTRENTON –Attorney General Gurbir S. Grewal announced that a drug dealer was sentenced to state prison today for supplying the fentanyl and heroin that caused two overdose deaths in August 2017.Terrill Spann, 31, of Keyport, N.J., was sentenced today to 10 years in state prison, including 8 ½ years of parole ineligibility, by Superior Court Judge Benjamin S. Bucca Jr. in Middlesex County. Spann pleaded guilty on Oct. 26, 2018 to two counts of first-degree strict liability for drug-induced death. He was sentenced to 10 years in prison, including 8 ½ years of parole ineligibility, for each count, with the sentences to run concurrently.Deputy Attorney General Michael Klein prosecuted Spann and handled the sentencing for the Division of Criminal Justice Gangs & Organized Crime Bureau. Spann was arrested on Dec. 7, 2017 in an investigation by the Division of Criminal Justice led by Detectives Kevin Gannon and Scott Caponi.In pleading guilty, Spann admitted that he supplied the drugs that killed Wayne Cameron Jr., 29, of Aberdeen Township and Gabriella Guidetti, 26, of Old Bridge Township. Cameron was found dead in his bedroom on Aug. 3, 2017 from an overdose of fentanyl and heroin. Guidetti was found dead in her bedroom on Aug. 19, 2017 from an overdose of fentanyl. In each case, detectives determined that Spann was the drug dealer who supplied the victims with the lethal opioids shortly before their deaths.Fentanyl is one of the deadliest opioids, with a potency that is 50 times greater than heroin. It frequently is mixed with heroin, yielding doses of unpredictable and often lethal strength. Deaths involving fentanyl and fentanyl analogs have increased tenfold over the past four years in New Jersey, with 1,379 fatal overdoses involving the synthetic opioid reported in 2017, according to preliminary data. Under a statewide Attorney General Directive governing investigations involving heroin and opiates, police and prosecutors in New Jersey are directed to investigate all overdose deaths with a view to potentially charging the dealers responsible under New Jersey’s strict liability for drug-induced death statute.“Spann was dealing heroin laced with fentanyl, a dangerous mix that is killing far too many people in New Jersey,” said Attorney General Grewal. “We are sending a message through these prosecutions that drug dealers who callously profit by fueling the epidemic of opiate addiction will face stern prison sentences when their products prove deadly.”“We are working closely with law enforcement partners across the state to hold drug dealers strictly liable when the dangerous narcotics they traffic into our communities cause overdose deaths,” said Director Veronica Allende of the Division of Criminal Justice. “New Jersey’s strict-liability statute is an important tool that we are using as part of our multi-faceted efforts to fight the opioid epidemic – efforts that also include prevention and treatment strategies.”The investigation by the Division of Criminal Justice Gangs & Organized Crime Bureau was conducted with assistance from the Aberdeen Township Police Department and the Old Bridge Township Police Department.Defense Attorney: Adrienne D. Edward, Esq., Jersey City, N.J.PreviousNext
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