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Alaska Supreme Court - 946 P.2d 875
Tags: Criminal law, Due process, Mens rea
tl;dr:
Due process is nto denied to a defendant who is convicted of criminal negligence under a statute that merely requires the civil negligence standard of care, because reasonable deterrence is the core principle of due process.Video Summary
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The Alaska Supreme Court has clarified that criminal liability for the negligent discharge of oil can be imposed based on ordinary negligence, but the mental state required for criminal conviction may vary depending on the situation. The court has allowed for the mens rea element to be dispensed with entirely in public welfare offenses, but a mens rea requirement is imputed only when a serious penalty attaches, and no mental element will be required when a statute provides clear legislative intent to the contrary. The Court held that it is necessary to look at the object of each Act to determine whether knowledge is essential to the offense created. The principle of reasonable deterrence is highlighted, with a focus on deterring criminal behavior. The legislative history of the statute Hazelwood was convicted under indicates an intent to incorporate a criminal negligence standard, but the Governor's transmittal letter accompanying the proposed bill aimed to bring the existing provisions into conformity with language and penalty levels in the Revised Criminal Code.
The dissenting opinion in the case argues that the court's decision to base criminal offenses on civil negligence is incorrect. The ambiguity in the statute requires the application of a criminal negligence standard, which is supported by Alaska precedent. The definition of "criminal intent" does not include civil negligence, as it requires more than mere neglectfulness or ordinary negligence. The dissenting opinion disagrees with the majority's decision and argues that a criminal negligence standard must be upheld. The court's reliance on previous decisions to support a civil negligence standard is flawed, as those cases rejected strict liability and required some level of criminal intent. The potential penalty of imprisonment for ninety days in the crime at issue here is too severe to fall within the exception for "public welfare" offenses recognized in Speidel.
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