Culpability
Encyclopedia
Culpability descends from the Latin
concept of fault (culpa
). 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 explanations and predictions of human action and inaction, culpability is a measure of the degree to which an agent, such as a person, can be held moral
ly or legally
responsible. Culpability marks the dividing line between moral evil
, like murder, for which someone may be held responsible and natural evil
, like earthquake
s, for which no one can be held responsible.
or offense
. Except for strict liability
crimes, the type and severity of punishment often follow the degree of culpability.
Modern criminal codes in the United States
usually make distinct four degrees of culpability.
Legal definitions are:
(The above has been quoted verbatim from the Pennsylvania Crimes Code. That in turn derives from the American Law Institute's Model Penal Code, which is the basis for large portions of the criminal codes in most states. The only difference is that the MPC uses "purposely" instead of "intentionally".)
In short:
The first two types of culpability are each a subset of the following. Thus if someone acts purposely, they also act knowingly. If someone acts knowingly, they also act recklessly.
The definitions of specific crimes refer to these degrees to establish the mens rea
(mental state) necessary for a person to be guilty of a crime. 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. On the other hand, reckless endangerment has a much broader requirement: "A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury." Thus to be guilty of this one only needs to be aware of a substantial risk he is putting others in danger of; it does not have to be one's explicit goal to put people in risk. (But, if one's goal is to put others in substantial risk of death or serious bodily injury, this is, of course, sufficient.)
There is one more type of culpability, and that is strict liability. In strict liability
crimes, the actor is responsible no matter what his mental state; if the result occurs, the actor is liable. An example is the felony murder
rule: if the prosecution proves beyond reasonable doubt that one commits a qualifying felony (see the article) during which death results, one is held strictly liable for murder and the prosecution does not have to prove any of the normal culpability requirements for murder.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
concept of fault (culpa
Culpa
Culpa is a Latin or Spanish word meaning guilt or fault.It may also be referring to:*Mea Culpa, the Latin phrase for "it is my fault"*Culpa , a Cuban film directed by Jorge Molina...
). The concept of culpability is intimately tied up with notions of agency
Moral agency
Moral agency is a person's ability to make moral judgments and take action that comport with morality.A Moral agent is "a being who is capable of acting with reference to right and wrong"-Development and analysis:...
, freedom and free will
Free will
"To make my own decisions whether I am successful or not due to uncontrollable forces" -Troy MorrisonA pragmatic definition of free willFree will is the ability of agents to make choices free from certain kinds of constraints. The existence of free will and its exact nature and definition have long...
. All are commonly held to be necessary, but not sufficient, conditions for culpability.
In explanations and predictions of human action and inaction, culpability is a measure of the degree to which an agent, such as a person, can be held moral
Moral
A moral is a message conveyed or a lesson to be learned from a story or event. The moral may be left to the hearer, reader or viewer to determine for themselves, or may be explicitly encapsulated in a maxim...
ly or legally
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
responsible. Culpability marks the dividing line between moral evil
Moral evil
Moral evil is the result of any morally negative event caused by the intentional action or inaction of an agent, such as a person. An example of a moral evil might be murder, or any other evil event for which someone can be held responsible or culpable....
, like murder, for which someone may be held responsible and natural evil
Natural evil
Natural evil, or surd evil, is a term generally used in discussions of the problem of evil and theodicy that refers to states of affairs which, considered in themselves, are to be avoided and not to be promoted, and for which no agent is morally responsible...
, like earthquake
Earthquake
An earthquake is the result of a sudden release of energy in the Earth's crust that creates seismic waves. The seismicity, seismism or seismic activity of an area refers to the frequency, type and size of earthquakes experienced over a period of time...
s, for which no one can be held responsible.
At law
From a legal perspective, culpability describes the degree of one's blameworthiness in the commission of a crimeCrime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
or offense
Offense (law)
In law, an offence is a violation of the criminal law .In England and Wales, as well as in Hong Kong the term "offence" means the same thing as, and is interchangeable with, the term "crime"....
. Except for strict liability
Strict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
crimes, the type and severity of punishment often follow the degree of culpability.
Modern criminal codes in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
usually make distinct four degrees of culpability.
Legal definitions are:
- A person acts purposely with respect to a material element of an offence when:
- if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
- if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
- A person acts knowKNOWKNOW-FM is the flagship radio station of Minnesota Public Radio's "news and information" network, primarily broadcasting a talk radio format to the Minneapolis-St. Paul market...
ingly with respect to a material element of an offense when:- if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and
- if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
- A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor's situation.
- A person acts negligentlyNegligenceNegligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. 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.
(The above has been quoted verbatim from the Pennsylvania Crimes Code. That in turn derives from the American Law Institute's Model Penal Code, which is the basis for large portions of the criminal codes in most states. The only difference is that the MPC uses "purposely" instead of "intentionally".)
In short:
- A person causes a result purposely if the result is his/her goal in doing the action that causes it,
- A person causes a result knowingly if he/she knows that the result is virtually certain to occur from the action he/she undertakes,
- A person causes a result recklessly if he/she is aware of and disregards a substantial and unjustifiable risk of the result occurring from the action, and
- A person causes a result negligently if there is a substantial and unjustifiable risk he/she is unaware of but should be aware of.
The first two types of culpability are each a subset of the following. Thus if someone acts purposely, they also act knowingly. If someone acts knowingly, they also act recklessly.
The definitions of specific crimes refer to these degrees to establish the mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
(mental state) necessary for a person to be guilty of a crime. The stricter the culpability requirements, the harder it is for the prosecution to prove its case.
For instance, the definition of first degree murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
(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. On the other hand, reckless endangerment has a much broader requirement: "A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury." Thus to be guilty of this one only needs to be aware of a substantial risk he is putting others in danger of; it does not have to be one's explicit goal to put people in risk. (But, if one's goal is to put others in substantial risk of death or serious bodily injury, this is, of course, sufficient.)
There is one more type of culpability, and that is strict liability. In strict liability
Strict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
crimes, the actor is responsible no matter what his mental state; if the result occurs, the actor is liable. An example is the felony murder
Felony murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder...
rule: if the prosecution proves beyond reasonable doubt that one commits a qualifying felony (see the article) during which death results, one is held strictly liable for murder and the prosecution does not have to prove any of the normal culpability requirements for murder.