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strict liability

Posted by Baldur on 2012-September-10 02:20:56 EDT, Monday
In reply to Re: 3 Reasons child porn must be legalized [Link] posted by LGL40 on 2012-September-10 01:42:54 EDT, Monday
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"You have to have intent to commit a crime, period."

Wrong. Possession of child pornography is a strict liability crime.

You may be right that most juries would not convict if they knew all the facts, but one never can be sure - and given that judges can prevent defendants from making arguments that are irrelevant to the law, could a defendant be sure that they would even be allowed to present any evidence in their favor? Would they risk it, given the extreme punishment that is possible?



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