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Taking Ignorance of Underage Drinking on Good Faith

Most states make it a crime to purchase alcohol for a minor, sometimes called the shoulder tap crime, based on the typical manner a request by a minor for an adult to buy alcohol occurs. These crimes generally do not require proof that the defendant knew the person was underage.

Should the same strict liability apply to a host of a party that is attended by both adults and minors, where alcohol at the private party is furnished to both?
Should a host be able to offer evidence that he reasonably believed the minor was old enough to drink?
Would it help your case if the jurisdiction made such a defense available to bars and liquor stores that required buyers to provide proof of age?

Use the following case to help guide your analysis:http://www.justia.com/criminal/docs/calcrim/2900/2964.html, note the case In re Jennings, 95 P.3d 906 (Cal. 2004).

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Should the same strict liability apply to a host of a party that is attended by both adults and minors, where alcohol at the private party is furnished to both?

Yes, the same strict liability should be used because it's the responsibility of those at the party to ensure that minors aren't able to access alcohol. If partygoers are being served alcoholic beverages furnished by those who threw the party, it's their responsibility to ensure that the ...

Solution Summary

314 words questioning whether party hosts should be liable for underage drinkers without needing proof they knew the drinker was underage.

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