Knowledge (XXG)

Culpability

Source 📝

235: 43: 373:
with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of
361:
with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the
308:
crimes, the type and severity of punishment often follow the degree of culpability. "Culpability means, first and foremost, direct involvement in the wrongdoing, such as through participation or instruction", as compared with responsibility merely arising from "failure to supervise or to maintain
413:
has a much broader requirement: "A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury." Thus to be guilty of this one only needs to be aware of a substantial risk he is putting
409:(again in Pennsylvania) is "A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing." Thus to be guilty of murder in the first degree, one must have an explicit goal in one's mind to cause the death of another. On the other hand, 433:
rule: if the prosecution proves beyond reasonable doubt that one commits a qualifying felony (see the article) during which death results, one is held strictly liable for murder and the prosecution does not have to prove any of the normal culpability requirements for murder.
167:
force, for in nonlegal English, a person is culpable only if he is justly to blame for his conduct". The guilt principle requires that in order to convict a person it is necessary to ascertain his voluntary or reckless behaviour, Strict Liability being prohibited.
218:(2) the act and its consequences could have been controlled (i.e., the agent knew the likely consequences, the agent was not coerced, and the agent overcame hurdles to make the event happen); and 395:
The first two types of culpability are each a subset of the following. Thus if someone acts purposely, they also act knowingly. If someone acts knowingly, they also act recklessly.
245: 349:
if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and
374:
his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.
334:
if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
402:(mental state) necessary for a person to be guilty of a crime. The stricter the culpability requirements, the harder it is for the prosecution to prove its case. 388:
A person causes a result recklessly if he/she is aware of and disregards a substantial and unjustifiable risk of the result occurring from the action, and
566: 337:
if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
352:
if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
279: 126: 385:
A person causes a result knowingly if he/she knows that the result is virtually certain to occur from the action he/she undertakes,
391:
A person causes a result negligently if there is a substantial and unjustifiable risk he/she is unaware of but should be aware of.
429:
crimes, the actor is responsible no matter what his mental state; if the result occurs, the actor is liable. An example is the
64: 107: 79: 60: 261: 86: 53: 491: 31: 93: 414:
others in danger of; it does not have to be one's explicit goal to put people in risk. (But, if one's goal
561: 448: 182: 362:
circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a
410: 324: 75: 418:
to put others in substantial risk of death or serious bodily injury, this is, of course, sufficient.)
382:
A person causes a result purposely if the result is his/her goal in doing the action that causes it,
207: 152: 203: 358: 511: 363: 503: 426: 331:
A person acts purposely (criminally) with respect to a material element of an offense when:
305: 257: 156: 100: 160: 555: 430: 313: 301: 453: 195: 140: 492:"Twelveth international congress of penal law (Hamburg, 16 – 22 September 1979)" 42: 370: 151:, is a measure of the degree to which an agent, such as a person, can be held 515: 343: 320: 199: 164: 398:
The definitions of specific crimes refer to these degrees to establish the
507: 458: 399: 17: 406: 292:
From a legal perspective, culpability describes the degree of one's
220:(3) the person provided no excuse or justification for the actions. 443: 297: 177: 194:
The concept of culpability is intimately tied up with notions of
27:
Degree to which one is morally or legally responsible for a crime
530:
Organizational Justice: The Search for Fairness in the Workplace
163:. It has been noted that the word, culpability, "ordinarily has 228: 36: 346:
with respect to a material element of an offense when:
253: 214:
A person is culpable if they cause a negative event and
543:
Corruption: Economic Analysis and International Law
528:Blair H. Sheppard, Roy J. Lewicki, John W. Minton, 421:There is one more type of culpability, and that is 316:usually make distinct four degrees of culpability. 67:. Unsourced material may be challenged and removed. 212: 30:"Culpable" redirects here. For other uses, see 405:For instance, the definition of first degree 242:The examples and perspective in this article 8: 280:Learn how and when to remove this message 127:Learn how and when to remove this message 470: 366:would observe in the actor's situation. 309:adequate controls or ethical culture". 7: 65:adding citations to reliable sources 541:Marco Arnone, Leonardo S. Borlini, 496:Revue internationale de droit pénal 319:Legal definitions of culpability, 25: 233: 41: 52:needs additional citations for 567:Criminal law legal terminology 210:, conditions for culpability. 202:. All are commonly held to be 176:Culpability descends from the 1: 312:Modern criminal codes in the 216:(1) the act was intentional; 256:, discuss the issue on the 583: 29: 32:Culpable (disambiguation) 325:Pennsylvania Crimes Code 479:Rethinking Criminal Law 296:in the commission of a 502:(1–2): 323–334. 2015. 449:Guilt (disambiguation) 222: 508:10.3917/ridp.861.0323 411:reckless endangerment 477:George P. Fletcher, 262:create a new article 254:improve this article 244:may not represent a 61:improve this article 157:legally responsible 180:concept of fault ( 364:reasonable person 290: 289: 282: 264:, as appropriate. 137: 136: 129: 111: 16:(Redirected from 574: 546: 539: 533: 526: 520: 519: 488: 482: 475: 427:strict liability 423:strict liability 306:strict liability 285: 278: 274: 271: 265: 237: 236: 229: 132: 125: 121: 118: 112: 110: 69: 45: 37: 21: 582: 581: 577: 576: 575: 573: 572: 571: 552: 551: 550: 549: 545:(2014), p. 297. 540: 536: 527: 523: 490: 489: 485: 481:(2000), p. 398. 476: 472: 467: 440: 294:blameworthiness 286: 275: 269: 266: 251: 238: 234: 227: 219: 217: 215: 198:, freedom, and 192: 174: 159:for action and 133: 122: 116: 113: 70: 68: 58: 46: 35: 28: 23: 22: 15: 12: 11: 5: 580: 578: 570: 569: 564: 554: 553: 548: 547: 534: 521: 483: 469: 468: 466: 463: 462: 461: 456: 451: 446: 439: 436: 393: 392: 389: 386: 383: 376: 375: 369:A person acts 367: 357:A person acts 355: 354: 353: 350: 342:A person acts 340: 339: 338: 335: 304:. Except for 288: 287: 248:of the subject 246:worldwide view 241: 239: 232: 226: 223: 191: 188: 173: 170: 135: 134: 49: 47: 40: 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 579: 568: 565: 563: 562:Social ethics 560: 559: 557: 544: 538: 535: 531: 525: 522: 517: 513: 509: 505: 501: 498:(in French). 497: 493: 487: 484: 480: 474: 471: 464: 460: 457: 455: 452: 450: 447: 445: 442: 441: 437: 435: 432: 431:felony murder 428: 424: 419: 417: 412: 408: 403: 401: 396: 390: 387: 384: 381: 380: 379: 372: 368: 365: 360: 356: 351: 348: 347: 345: 341: 336: 333: 332: 330: 329: 328: 326: 322: 317: 315: 314:United States 310: 307: 303: 299: 295: 284: 281: 273: 263: 259: 255: 249: 247: 240: 231: 230: 224: 221: 211: 209: 205: 201: 197: 189: 187: 185: 184: 179: 171: 169: 166: 162: 158: 154: 150: 146: 142: 131: 128: 120: 109: 106: 102: 99: 95: 92: 88: 85: 81: 78: –  77: 76:"Culpability" 73: 72:Find sources: 66: 62: 56: 55: 50:This article 48: 44: 39: 38: 33: 19: 542: 537: 529: 524: 499: 495: 486: 478: 473: 454:Scapegoating 422: 420: 415: 404: 397: 394: 377: 318: 311: 293: 291: 276: 270:October 2019 267: 243: 213: 193: 181: 175: 148: 144: 141:criminal law 138: 123: 114: 104: 97: 90: 83: 71: 59:Please help 54:verification 51: 371:negligently 147:, or being 145:culpability 117:August 2014 556:Categories 465:References 378:In short: 359:recklessly 208:sufficient 206:, but not 87:newspapers 516:0223-5404 344:knowingly 323:from the 258:talk page 204:necessary 200:free will 172:Etymology 165:normative 532:, p. 59. 459:Mens rea 438:See also 400:mens rea 321:verbatim 252:You may 190:Concept⁵ 161:inaction 149:culpable 18:Culpable 327:, are: 302:offense 153:morally 101:scholar 514:  407:murder 225:In law 196:agency 103:  96:  89:  82:  74:  444:Blame 425:. In 298:crime 260:, or 183:culpa 178:Latin 108:JSTOR 94:books 512:ISSN 186:). 80:news 504:doi 300:or 155:or 139:In 63:by 558:: 510:. 500:86 494:. 416:is 143:, 518:. 506:: 283:) 277:( 272:) 268:( 250:. 130:) 124:( 119:) 115:( 105:· 98:· 91:· 84:· 57:. 34:. 20:)

Index

Culpable
Culpable (disambiguation)

verification
improve this article
adding citations to reliable sources
"Culpability"
news
newspapers
books
scholar
JSTOR
Learn how and when to remove this message
criminal law
morally
legally responsible
inaction
normative
Latin
culpa
agency
free will
necessary
sufficient
worldwide view
improve this article
talk page
create a new article
Learn how and when to remove this message
crime

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.