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Culpable
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 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. Etymology Culpability descends from the Latin concept of fault ('' culpa''), which is also the origin of the phrase, '' mea culpa''. Concept The concept of culpability is intimately tied up with notions of agency, freedom, and free will. All are commonly held to be necessary, but not sufficient, conditions for culpability. In law From a legal perspective, culpability describes the degree of one's ''blameworthiness'' in the commission of a crime or offense. Ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") 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. Introduction The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reckless Endangerment
Endangerment is a type of crime involving conduct that is wrongful and reckless or wanton, and likely to produce death or grievous bodily harm to another person. There are several kinds of endangerment, each of which is a criminal act that can be prosecuted in a court. In some U.S. states, such as Florida, substantially similar language is used for the crime of culpable negligence. The offense is intended to prohibit and therefore deter reckless or wanton (of a cruel or violent action, deliberate and unprovoked conduct) conduct that wrongfully creates a substantial risk of death or serious injury to others. Various laws specify several types of endangerment: * Child endangerment and animal endangerment: placing a child or animal in a potentially harmful situation, either through negligence or misconduct. *Reckless endangerment: A person commits the crime of reckless endangerment or wanton endangerment if the person recklessly engages in conduct which creates substantial jeopar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recklessness (law)
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law Of The United States
The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution. Generally there are two systems of criminal law to which a person maybe subject; the most frequent is state criminal law, and the other is federal law. The American Model Penal Code defines the purpose of criminal law as: to prevent any conduct that cause or may cause harm to people or society, to enact public order, to define what acts are criminal, to inform the public what acts constitute crimes, and to distinguish a minor from a serious offense. Definitions A crime has three parts: the act (actus reus), the intent, and the concurrence of the two. Generally, crimes can be divided into categories: crime against a person, crime against property, sexual crimes, public morality, crimes against the state, and inc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Felony Murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The concept of felony murder originates in the rule of transferred intent. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. History While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous felonies. According to some commentators, the comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the " elements" of neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justification (jurisprudence)
Justification is a defense in a criminal case, by which a defendant who committed the acts asserts that because what they did meets certain legal standards, they are not criminally culpable for the acts which would otherwise be criminal. Justification and excuse are related but different defenses (see Justification and excuse).Criminal Law Cases and Materials, 7th ed. 2012; John Kaplan, Robert Weisberg, Guyora Binder Justification is an exception to the prohibition of committing certain offenses. Justification can be a defense in a prosecution for a criminal offense. When an act is justified, a person is not criminally liable even though their act would otherwise constitute an offense. For example, to intentionally commit a homicide would be considered murder. However, it is not considered a crime if committed in self-defense Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Verbatim
Verbatim means word for word. It may refer to: * ''Verbatim'' (album), a 1996 album by Bob Ostertag * "Verbatim" (song), a 2015 song by Blackbear * Verbatim (brand), a brand of storage media and flash memory * Verbatim (horse) Verbatim (1965-1991) was an American thoroughbred racehorse and sire. Background Verbatim was a dark bay or brown bred horse in Kentucky at Elmendorf Farm. He was sired by Speak John, the 1985 Champion broodmare sire in North America. Hi ..., an American racehorse * ''Verbatim'' (magazine), edited by Erin McKean * Verbatim theatre, a form of documentary theatre {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non Compos Mentis
''Non compos mentis'' is a Latin legal phrase that translates to "of unsound mind": ''nōn'' ("not") prefaces ''compos mentis'', meaning "having control of one's mind." This phrase was used in English law as early as the seventeenth century to describe people afflicted by madness, the loss of memory or ability to reason. Usage The status of ''non compos mentis'' applied to those who were not mad from birth, but became so later in life through no fault of their own. The property and interests of such a person could be committed to another party to conserve and administer them for the duration of their madness. Their criminal culpability was also limited except in cases of high treason. This contrasted with "natural fools" who were mad from birth and whose property interests passed to the crown, and habitual drunkards, who could claim no defense of madness. Prosecution of suicide ''Non compos mentis'' and '' felo de se'' (the Latin word for "self-murder") presented two different ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scapegoating
Scapegoating is the practice of singling out a person or group for unmerited blame and consequent negative treatment. Scapegoating may be conducted by individuals against individuals (e.g., "he did it, not me!"), individuals against groups (e.g., "I couldn't see anything because of all the tall people"), groups against individuals (e.g., "He was the reason our team didn't win"), and groups against groups. A scapegoat may be an adult, child, sibling, employee, or peer, or it may be an ethnic, political or religious group, or a country. A whipping boy, identified patient, or fall guy are forms of scapegoat. Scapegoating has its origins in the scapegoat ritual of atonement described in chapter 16 of the Biblical '' Book of Leviticus'', in which a goat (or ass) is released into the wilderness bearing all the sins of the community, which have been placed on the goat's head by a priest. At the individual level A medical definition of scapegoating is: Scapegoated groups throu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guilt (other)
Guilt most commonly refers to: *Guilt (emotion), an emotion that occurs when a person feels that they have violated a moral standard *Culpability, a legal term *Guilt (law), a legal term Music * ''Guilt'' (album), a 2009 album by Mims * "Guilt" (The Long Blondes song), 2008 * "Guilt" (Nero song), 2011 Film, television and games * ''Guilt'' (1931 film), a 1931 film featuring James Carew * ''Guilt'' (2005 film), a 2005 film featuring Margaret Travolta * ''Guilt'' (2009 film), a 2009 Greek-Cypriot film * ''Guilt'' (American TV series), a 2016 American television series * ''Guilt'' (British TV series), a 2019 British television series * "Guilt" (''Revenge''), an episode of the TV series ''Revenge'' * GUILT, or Gangliated Utrophin Immuno Latency Toxin, antagonistic parasites in the ''Trauma Center A trauma center, or trauma centre, is a hospital equipped and staffed to provide care for patients suffering from major traumatic injuries such as falls, motor vehicle collisi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
