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In law, there is a known exception to the assumption that moral culpability lies in either individual character or freely willed acts. The insanity defense – or its corollary, diminished responsibility (a sort of appeal to the fallacy of the single cause) – can be used to argue that the guilty deed was not the product of a guilty mind. [17]
In criminal law, culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word, culpability, "ordinarily has normative force, for in nonlegal English, a person is culpable only if he is justly to blame for his ...
Recklessness shows less culpability than intention, but more culpability than criminal negligence. [2] There are also absolute liability offenses such as speeding. These do not require a guilty mind and due diligence is not a defense but a person cannot be imprisoned for an absolute liability offense.
In both wars, context made it tricky to deal with moral challenges. What is moral in combat can at once be immoral in peacetime society. Shooting a child-warrior, for instance. In combat, eliminating an armed threat carries a high moral value of protecting your men. Back home, killing a child is grotesquely wrong.
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. [1] For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state's ...
Collective responsibility or collective guilt, is the responsibility of organizations, groups and societies. [1] [2] Collective responsibility in the form of collective punishment is often used as a disciplinary measure in closed institutions, e.g., boarding schools (punishing a whole class for the actions of one known or unknown pupil), military units, prisons (juvenile and adult ...