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Commonwealth v. Barone | 419 A.2d 457 (1980)
It’s a fundamental principle of criminal law that a crime requires both a deliberate act and a blameworthy mental state. Strict liability offenses, which impose criminal liability in the absence of a culpable state of mind, contravene this basic tenet. But in Commonwealth versus Barone, the defendant faced potentially strict liability for her involvement in a traffic death.
Theresa Barone was driving to work on a clear, dry morning. Traffic was heavy. Barone came to a complete stop at a stop sign at a major intersection. She waited two to three minutes for an opportunity to cross the intersection safely. When she finally entered the intersection, believing the way was clear, a motorcycle struck her car’s right side. The motorcycle’s driver was killed.
A Pennsylvania statute provided that any person who unintentionally caused another’s death while violating any state or municipal traffic law was guilty of homicide by vehicle, punishable by a fine and up to five years in prison. Barone was charged with homicide by vehicle based on her failure to yield the right of way. In the trial court, Barone filed a demurrer to the charge, arguing that the state’s evidence couldn’t support a guilty verdict because there was no proof she was at fault. In response, the state asserted that the statute created strict liability and therefore no proof of fault was required. The trial court granted the demurrer and dismissed the charges. The state appealed to the Pennsylvania Superior Court.
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