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Topic: Culpability

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	Clarkson, 'Corporate Culpability', [1998] 2 Web JCLI
		The culpability of the company is thus not corporate culpability at the time of the crime but culpability in failing to react appropriately to the wrongdoing caused by its employees.
		Culpability must be assessed by reference to those acts or omissions.
		However, in terms of establishing culpability at the substantive stage, the inquiry would then shift to why, given the existence of the CCP, the crime was committed (Ragozino 1995, p.453).
	spade3.ncl.ac.uk /1998/issue2/clarkson2.html (0 words)

	Quodlibet Online Journal: Aquinas on Human Action and Culpability (Site not responding. Last check: )
		In order for certain human actions to be deemed moral, thereby making the individual culpable, the demonstration must be made that such actions are distinct from acts which arise through external principles, as well as those acts arising from internal principles which are non-culpable.
		Culpability will exist, then, in our understanding of what the true end is, and our willingness to choose those means which best accomplish that end.
		Based on the relationship of the individual's activity to these principles, degree of culpability is best determined, rather than holding the individual culpable against a universal (i.e., specific) human standard regardless of the degree to which such immediately or mediately operating principles rightly reflect this standard.
	www.quodlibet.net /aqaction.shtml (2029 words)

	Catholic Culture : Document Library : Ignorance—Invincible and Vincible
		Invincible ignorance removes culpability for the sins against faith, merely vincible ignorance diminishes culpability (sometimes to the point of being venial), crass or supine ignorance will affect culpability for them little or not at all, and hard hearted, affected ignorance will increase culpability for them.
		For those who have had their culpability for sins against faith removed or diminished to the point of veniality, they are not mortal sins and thus will not of themselves deprive one of heaven.
		Even if they are not culpable for sins against faith, the fact they are ignorant of the true religion and do not have access to the sacraments means that they are more likely to commit mortal sin and thus more likely to be damned.
	www.catholicculture.org /docs/doc_view.cfm?recnum=1203 (1675 words)

	NationMaster - Encyclopedia: Culpability (Site not responding. Last check: )
		Culpability (Blameworthiness) is the state of deserving to be blamed for a crime or offence.
		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 PA) 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 have an explicit goal in one's mind to cause the death of another.
	www.nationmaster.com /encyclopedia/Culpability (941 words)

	Spartanburg SC \| GoUpstate.com \| Spartanburg Herald-Journal (Site not responding. Last check: )
		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.
		From a legal perspective, culpability describes the degree of one's blameworthiness in the commission of a crime or offense.
	www.goupstate.com /apps/pbcs.dll/section?category=NEWS&template=wiki&text=culpability (863 words)

	Determining Mold Culpability
		We have seen the problem be as minor as the demolition and reconstruction of a single room and as major as a brand new school building being unoccupied for a year.
		From there, the remaining cast is forced to share the blame and their culpability is expressed as a percentage of the total damages.
		And, ultimately, it is the fear of being culpable for those millions of dollars that will make the industry focus on preventing—instead of reacting to— toxic mold infestations.
	www.insurancejournal.com /magazines/southcentral/2002/08/19/features/22997.htm (1093 words)

	06/27/02 - Are Supreme Court justices mentally retarded?
		Many of its decisions were legal garbage, but the whole point of having a Supreme Court composed of unelected judges who hold their seats for life is so they can defy "national consensus" when it violates the Constitution.
		But Justice Stevens appealed to the Constitution as well, citing the Eighth Amendment's prohibition of "excessive" bail and fines and "cruel and unusual punishments." But this principle applies to the retarded only if you assume that their culpability in capital crimes is less than that of mentally normal criminals.
		Atkins with an accomplice kidnapped a man, robbed him at an ATM machine, and then, as Justice Stevens described the crime, "took him to an isolated location where he was shot eight times and killed." Atkins, in other words, was bright enough to know to try to hide his crime.
	www.vdare.com /francis/retardation.htm (828 words)

	Beyond Reason: Mental Retardation and Criminal Culpability
		An adult with mental retardation who commits a murder should be held legally accountable (assuming the retardation is not so profound as to render him or her incompetent to stand trial).
		The court acknowledged that less culpability attaches to a crime committed by a juvenile than to a comparable crime committed by an adult because children lack the experience, perspective, judgment, and intelligence of adults and have less capacity to control their conduct and to think in long-range terms.
		Given the inherently diminished moral culpability of children, the court held that the imposition of capital punishment for their conduct would be "nothing more than the purposeless and needless imposition of pain and suffering."
	www.hrw.org /reports/2001/ustat/ustat0301-04.htm (663 words)

	CULPABILITY
		Culpability often stops actions but in this painting it seems as if there is nothing standing on the big apple’s way and it is moving on without and obstacles.
		Culpability can be limited but it will always exist in every individual’s mind.
		Most teenagers blame their parents for their childhood traumas and later on when they develop problems and become unable to succeed in their lives the old blame comes back by pointing fingers to their parents and reminding things that they did not do for their child in order to make their lives easier.
	www.angelfire.com /poetry/nane (1865 words)

	Buffalo Criminal Law Review
		The drafters of the causation provision apparently assumed that the culpability required with respect to a result element is not simply culpability as to the result itself, but also includes a requirement that the actor be culpable as to the way in which the result came about.
		Nothing in the Code's provisions suggest that the culpability required as to a result, such as death of another human being, is any more than culpability as to the specific result described in the offense definition.
		Code distinguishes general blameworthiness issues from offense culpability in other contexts (note that excuse defenses are independent doctrines of exculpation; they do not negate offense culpability requirements).
	www.law.upenn.edu /fac/phr/toptenlist.html (9295 words)

	Culpability
		Members of the legal community advocate legislation to close loopholes in the FGM law, including extending culpability to family members and others who aid in carrying out FGM and to citizens who commit the crime outside the country's borders.
		"Culpability" is used about 64 times out of a sample of 100 million words spoken or written in English.
		vétkesség (culpableness, delinquency, guilt, guiltiness, sinfulness), büntethetőség (culpableness), bűnösség (culpableness, guilt, peccancy).
	www.websters-online-dictionary.org /definition/english/cu/culpability.html (593 words)

	Province of MB \| The PCSIR - Ch 1 - Culpability (Site not responding. Last check: )
		To find someone culpable is to determine that an individual has committed an act (either by commission or by omission) that amounts to a legal transgression and that the act is legally blameworthy or sanctionable.
		A potentially culpable party is compellable as a witness and does not have the right to refuse to answer questions under oath.
		Therefore while a judge cannot declare that a particular act makes a person legally culpable, he can make a finding that a particular act occurred, without declaring on the question of culpability, so long as the finding is relevant to a matter into which he or she is inquiring.
	www.pediatriccardiacinquest.mb.ca /ch01/culpability.html (1304 words)

	Studies in Contrasts: Life, Death, Responsibility, Culpability - FCNL Issues
		He drew a distinction between responsibility and culpability and limited the assignment of culpability to lower-ranking personnel, giving new life to the issue.
		By contrast, culpability implies a moral failing only as it attaches to actions (or lack of preventive actions) insofar as a person is free to act and does so contrary to conscience.
		But surely some culpability must attach to those who, knowing the international standards on treatment of detainees, nonetheless debated and authored memos or studies designed to subvert the rules by devising new detainee categories and new “interpretations” of customary and conventional laws against inhumane treatment.
	www.fcnl.org /issues/item.php?item_id=1146&issue_id=119 (748 words)

	Positive Marijuana Result Not Associated With Auto Crash Culpability - NORML
		Baltimore, MD: Marijuana use, as indicated by the presence of cannabis metabolites, is not associated with crash culpability among injured drivers, according to data presented at the annual conference of the Association for the Advancement of Automotive Medicine.
		According to an analysis of on-road crashes released earlier this month by an international expert panel: "The most meaningful recent culpability studies indicate that drivers with THC concentrations in whole blood of less than 5 ng/ml have a crash risk no higher than that of drug-free users.
		Full text of the study, "Crash culpability relative to age and sex for injured drivers using alcohol, marijuana or cocaine," appears in the 2005 Annual Proceedings of the Association for the Advancement of Automotive Medicine.
	www.norml.org /index.cfm?Group_ID=6681 (597 words)

	NCJRS Abstract - National Criminal Justice Reference Service
		Culpability and Youths' Capacities (From Youth on Trial: A Developmental Perspective on Juvenile Justice, P 267-269, 2000, Thomas Grisso and Robert G. Schwartz, eds.
		The historical legal notion of culpability is discussed, and the chapter introduces the social and psychological rationale for a system of justice that recognizes youths' reduced culpability as a matter of law and policy.
		A third chapter examines relevant research and describes additional research that will be needed to provide a solid foundation for society's decisions concerning whether to punish youths in a manner that presumes their culpability to be adultlike.
	www.ncjrs.gov /app/publications/Abstract.aspx?id=184863 (312 words)

	Clarkson, 'Corporate Culpability', [1998] 2 Web JCLI
		The culpability of the company is thus not corporate culpability at the time of the crime but culpability in failing to react appropriately to the wrongdoing caused by its employees.
		Culpability must be assessed by reference to those acts or omissions.
		However, in terms of establishing culpability at the substantive stage, the inquiry would then shift to why, given the existence of the CCP, the crime was committed (Ragozino 1995, p.453).
	webjcli.ncl.ac.uk /1998/issue2/clarkson2.html (7437 words)

	[No title]
		But where different culpability levels are appropriate for different elements, offense analysis fosters definitions that obscure but do not eliminate the confusion.
		The broader distinction between the four categories of culpability and faultlessness is between conduct that grossly deviates from that of the reasonable, law-abiding person and conduct that does not and is therefore not blameworthy.
		The precise culpability requirements cannot be determined until each objective element of an offense definition is properly characterized as involving either "conduct," "an attendant circumstance," or "a result." The Code does not define "result" or "circumstance." It defines "conduct," but uses seemingly contradictory forms of that term in different Code provisions.
	www.law.upenn.edu /fac/phrobins/element.html (4439 words)

	SSRN-Holistic Culpability by Kimberly Ferzan
		The term, mens rea, or “culpability,” can therefore refer to the descriptive usage (did the defendant have the requisite mental state, i.e, purpose or knowledge?) or to the normative usage (is the defendant blameworthy, wicked, indifferent?).
		I then turn to analyze the subject of the debate - an agent's culpable choice, and argue that there are several different aspects of that choice.
		Although I contend that descriptive and normative culpability can be reconciled, I claim there is a more unified conception of culpability, which simplifies, but does not distort, how the parts give meaning to the whole.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=978196 (0 words)

	GENERAL REQUIREMENTS OF CULPABILITY
		The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.
		(d) Prescribed culpability requirement applies to all material elements.--When the law defining an offense prescribes the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the offense, unless a contrary purpose plainly appears.
		(h) Culpability as to illegality of conduct.--Neither knowledge nor recklessness or negligence as to whether conduct constitutes an offense or as to the existence, meaning or application of the law determining the elements of an offense is an element of such offense, unless the definition of the offense or this title so provides.
	members.aol.com /StatutesP4/18PA302.html (746 words)

	Harm and Culpability (Site not responding. Last check: )
		This excellent collection of papers is centrally concerned with the appropriate conditions for the criminalization of conduct, and in particular with the relationship between harm and criminal liability.
		The law often insists on some type of wrongfulness as a prerequisite to criminal liability; but most of the contributors to this volume treat harm as the primary component of culpability, and consider wrongfulness as reducible to harm or subsidiary to harm in some other way.
		Both the strength and the weakness of the harm principle can be seen in a pair of papers engaging with the problem of flmail.
	www.utpjournals.com /product/utlj/473/473_review_stewart.html (3579 words)

	A Treatise on Responsibility, Culpability and Control - Magic: the Gathering Forums
		If culpability is disproportionately low, it empowers those who want to abuse the system, make bullshit excuses and weasel their way out of responsibility.
		That is, they are in BIG trouble if it doesn't work, then control is dependent on whether or not they have the option of whether or not to take that course of action.
		However, if that person knows that they have a lot of sway over the end result of something, then the level of culpability is entirely based on the potential for knowledge about that course of action and whether or not they are willing to achieve and able to use that knowledge.
	www.misetings.com /forums/showthread.php?t=12286&goto=nextoldest (957 words)

	LewRockwell.com Blog: Evasion of Culpability (Site not responding. Last check: )
		Posted by Casey Khan at October 21, 2005 05:56 PM Anthony, I think Golberg has only recently found some kernels of truth because he and other neocons are trying to deflect any culpability in their association with Bush and his insane war which are both now political losers.
		The silver lining to the tragic Iraq war is that their position is completely exposed ready to be intellectually crushed, especially the insanity of the liberventionist.
		Currently, culpability will not be easy for the neocon to evade, let's not miss this opportunity.
	blog.lewrockwell.com /lewrw/archives/009128.html (260 words)

	Public Perceptions of Youth Culpability
		The Network is currently conducting two studies designed to investigate the extent to which adults' perceptions and attitudes about the culpability of young offenders are influenced by the age, race, and appearance of maturity of the offender.
		On the practical side, this research may provide information about the biases that different groups of people may have toward juvenile perpetrators, and it may illuminate the sorts of information that should be provided to legislators, legal professionals, and mental health personnel who do competence evaluations.
		In this study, we are examining how judgments of culpability are affected by the provision of different information about the age, race, and physical appearance of the perpetrator.
	www.mac-adoldev-juvjustice.org /page32.html (406 words)

	Positive Marijuana Result Not Associated With Auto Crash Culpability - NORML
		Authors further found a "significant association" between cocaine use and crash culpability for male drivers between 21 and 40 years of age.
		Drivers between the ages of 41 and 60 who tested positive for marijuana were less likely to be culpable than drug-free drivers, they added.
		Because researchers based their analysis on the presence of drug metabolites in the urine rather than the presence of controlled substances in blood, authors could not determine whether the drivers' drug use directly preceded their injury or had taken place days earlier.
	www.norml.org /index.cfm/pdf_files/content/facts/Bigdollarreport/pdf_files/docs/%3Ehttp://www.aclu.org/features/index.cfm?Group_ID=6681 (597 words)

	Concurring Opinions: Holistic Culpability
		The term, mens rea, or “culpability,” can therefore refer to the descriptive usage (did the defendant have the requisite mental state, i.e, purpose or knowledge?) or to the normative usage (is the defendant blameworthy, wicked, indifferent?).
		I then turn to analyze the subject of the debate - an agent's culpable choice, and argue that there are several different aspects of that choice.
		Although I contend that descriptive and normative culpability can be reconciled, I claim there is a more unified conception of culpability, which simplifies, but does not distort, how the parts give meaning to the whole.
	www.concurringopinions.com /archives/2007/04/holistic_culpab.html (489 words)

	Proposed New Federal Criminal Code § 302. (Site not responding. Last check: )
		If a statute or regulation thereunder defining a crime does not specify any culpability and does not provide explicitly that a person may be guilty without culpability, the culpability that is required is willfully.
		(a) Except as otherwise expressly provided, where culpability is required, that kind of culpability is required with respect to every element of the conduct and to those attendant circumstances specified in the definition of the offense, except that where the required culpability is "intentionally," the culpability required as to an attendant circumstance is "knowingly."
		Culpability is not required as to the fact that conduct is an offense, except as otherwise expressly provided in a provision outside this Code.
	wings.buffalo.edu /academic/department/law/bclc/302.htm (492 words)

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