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The stricter the culpability requirements, the harder it is for the prosecution to prove its case. For instance, the definition of first degree murder (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 ...
Plausible deniability is the ability of people, typically senior officials in a formal or informal chain of command, to deny knowledge of or responsibility for actions committed by or on behalf of members of their organizational hierarchy.
The most culpable mens rea elements will have both foresight and desire on a subjective basis. Negligence arises when, on a subjective test, an accused has not actually foreseen the potentially adverse consequences to the planned actions, and has gone ahead, exposing a particular individual or unknown victim to the risk of suffering injury or loss.
Indeed, what does culpability mean for such entities? Can the concepts of knowledge and intent required for mens rea (guilty mind) even be applied to business entities? Typically, companies are held liable when the acts and omissions, and the knowledge and intent of its employees or business partners can be attributed to the corporation.
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 ]
Accountability, in terms of ethics and governance, is equated with answerability, culpability, liability, and the expectation of account-giving. [1]As in an aspect of governance, it has been central to discussions related to problems in the public sector, nonprofit, private (), and individual contexts.
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In criminal law, mens rea (/ ˈ m ɛ n z ˈ r eɪ ə /; Law Latin for "guilty mind" [1]) is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus ("guilty act") before the defendant can be found guilty.