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I find it hard to believe that quoted statement. Although I am not an American, I think the legal system of America is very much based on the British system, thus there are very many similarities.

I think judges are very resistant to anything which tries to undermine the principle of intent. If a statute does not make it absolutely clear that the crime is of strict liability, then even the most general words would be interpreted as requiring intent in criminal cases.

Without intending something the government has no legitimacy to imprison the person in most cases. Its a fundamental principle. So, if you are going to make such a big statement concerning the fundamental principle of the criminal law, the least the article could have done is to give some examples, or to give a reference to some journal which documents such "weakening".

As they have not bothered to do either, I would take it as a generalised opinion perhaps with very little basis.




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