Search results
Results from the WOW.Com Content Network
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 ...
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.
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 ]
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.
According to Black's Law Dictionary justifiable homicide applies to the blameless killing of a person, such as in self-defense. [1]The term "legal intervention" is a classification incorporated into the International Classification of Diseases, Tenth Revision, and does not denote the lawfulness or legality of the circumstances surrounding a death caused by law enforcement. [2]
The culpability principle is often used in deciding the punishment of offenders. However, there are large numbers of punishments handed down which do not obey this principle. Particularly, this is the case where the harmfulness and blameworthiness of offender's actions are not proportionate to the punishment.
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.
Culpable and reckless conduct has no specific definition but deals with culpable and reckless acts which cause injury to others or create the risk of injury, with no effort made to mitigate this risk by the accused. While injury may occur, this would not be deemed as assault, as assault cannot be committed in a reckless or negligent manner.