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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 ...
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]
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.
"Guilt" is the obligation of a person who has violated a moral standard to bear the sanctions imposed by that moral standard. In legal terms, guilt means having been found to have violated a criminal law, [1] though the law also raises 'the issue of defences, pleas, the mitigation of offences, and the defeasibility of claims'. [4]
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States. [1] [2] The MPC was a project of the American Law Institute (ALI), and was published in 1962 after a ten-year drafting period. [3]
Moral injury is a relatively new concept that seems to describe what many feel: a sense that their fundamental understanding of right and wrong has been violated, and the grief, numbness or guilt that often ensues. Here, you will meet combat veterans struggling with the moral and ethical ambiguities of war.
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 ...