Judicial Review of Strict Liability Local Ordinances

Guyora Binder and Brenner Fissell

Guyora Binder
SUNY Distinguished Professor Hodgson
Russ Faculty Scholar Vice Dean for Research and Faculty Development
University at Buffalo School of Law

Brenner Fissell
Associate Professor of Law
Maurice A. Deane School of Law at Hofstra University

The criminal code reform movement brought about by the Model Penal Code had, among other goals, the aim of eliminating strict liability offenses. The success of the movement resulted in the enactment of the MPC’s scheme of element analysis and default culpability terms in almost half of American jurisdictions. Around the same time, though, a similar reform movement was occurring in local government law: the home rule movement, which advocated for greater political power for municipalities — including the power to criminalize conduct.