culpability - Article Index

Encyclopedia - Blame: Encyclopedia - Blame
Blame is the assignment of responsibility from one entity to another. Blaming is the action of assigning this blame to another, often fro...   » Read the article

Encyclopedia - Vicarious Liability Criminal: Encyclopedia - Vicarious Liability Criminal
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of join...   » Read the article

Encyclopedia - Criminal Negligence: Encyclopedia - Criminal Negligence
In the criminal law, criminal negligence is one of the three general classes of mens rea (Latin for "guilty mind") element required to co...   » Read the article

Encyclopedia - Actus Reus: Encyclopedia - Actus Reus
The actus reus — sometimes called the external elements of a crime — is the Latin term for the "guilty act" which, when proved beyond...   » Read the article

Encyclopedia - Slander And Libel: Encyclopedia - Slander And Libel
In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which...   » Read the article

Encyclopedia - Regulatory Offences: Encyclopedia Ii - Regulatory Offences - Strict Liability Offence
A strict liability offence is a type of offence in which a mental fault element is not required to establish guilt. The prosecution only ...   » Read the article

Encyclopedia - Recklessness Criminal: Encyclopedia Ii - Recklessness Criminal - R V Caldwell 1981 1 Aer 961
Caldwell, a disgruntled former hotel employee who had recently been fired by his boss, got very drunk one night in late 1979 and decided ...   » Read the article

Encyclopedia - Criminal Transmission Of Hiv: Encyclopedia Ii - Criminal Transmission Of Hiv - The Legal Political And Social Problems
The initial stages of HIV-positive are asymptomatic for periods usually exceeding one year. A person who engages in sexual activity or do...   » Read the article

Encyclopedia - M'naghten Rules: Encyclopedia Ii - M'naghten Rules - The Rules In English Law
M'Naghten Rules - Burden of proof. This is a rebuttable presumption and the burden of proof is on the party wishing to rebut. If a jury...   » Read the article

Encyclopedia - Corporate Crime: Encyclopedia Ii - Corporate Crime - Discussion
Corporate crime - What behaviour to criminalise. Behaviour can be regulated by the civil law (including administrative law) or the crim...   » Read the article

Encyclopedia - Automatism Case Law: Encyclopedia Ii - Automatism Case Law - Sleep
Australian Model Criminal Code Committee state the law as follows (at 14-15): At the minimum there needs to be some operation of the wil...   » Read the article

Encyclopedia - Nature Versus Nurture: Encyclopedia Ii - Nature Versus Nurture - How To Compare The Effects Of Nature And Nurture And Why This Is Difficult
Current thinking in biology discredits the notion that genes alone can determine a trait because genes are never sufficient in isolation....   » Read the article

Encyclopedia - Slander And Libel: Encyclopedia Ii - Slander And Libel - United States Law
US defamation law is often less plaintiff-friendly than its counterparts in European and Commonwealth countries. This is because of the F...   » Read the article

Encyclopedia - Vicarious Liability Criminal: Encyclopedia Ii - Vicarious Liability Criminal - History
Before the emergence of states which could bear the high costs of maintaining national policing and impartial court systems, local commun...   » Read the article

Encyclopedia - Intention Criminal: Encyclopedia Ii - Intention Criminal - The Test Of Intention
The policy issue for those who administer the criminal justice system is that, when planning their actions, people may be aware of many p...   » Read the article

Encyclopedia - Criminal Negligence: Encyclopedia Ii - Criminal Negligence - Discussion
To constitute a crime, there must be an actus reus (Latin for "guilty act") accompanied by the mens rea (see concurrence). Negligence sho...   » Read the article

Encyclopedia - Duress: Encyclopedia Ii - Duress - Discussion
In this situation, the defendant has actually done everything to constitute the actus reus of the crime and has the mens rea because he o...   » Read the article

Encyclopedia - Automatism Case Law: Encyclopedia Ii - Automatism Case Law - Reflex Movements
In Australia, Ryan v The Queen (1967) 121 CLR 205, the defendant entered a shop with a loaded rifle for a robbery. In a sudden attack, th...   » Read the article

Encyclopedia - Recklessness Criminal: Encyclopedia Ii - Recklessness Criminal - Definition Of Terms
Criminal law recognises recklessness as one of the mens rea elements to establish liability. It shows less culpability than intention, bu...   » Read the article

Encyclopedia - Recklessness Criminal: Encyclopedia Ii - Recklessness Criminal - English Law
The modern definition of recklessness has developed from R v. Cunningham (1957) 2 AER 412 in which the definition of 'maliciously' for th...   » Read the article

Encyclopedia - M'naghten Rules: Encyclopedia Ii - M'naghten Rules - Explanation
Insanity as a defence operates as an excuse, i.e. it excludes the accused from the process of a trial which makes it consistent with publ...   » Read the article

Encyclopedia - Criminal Transmission Of Hiv: Encyclopedia Ii - Criminal Transmission Of Hiv - Example Statute
This is the Criminal Transmission of HIV from the Iowa Code. 709C.1 Criminal transmission of human immunodeficiency virus. 1. A person ...   » Read the article

Encyclopedia - Slander And Libel: Encyclopedia Ii - Slander And Libel - Canadian Law
As with most Commonwealth jurisdictions, Canada also follows English law on defamation issues (although the law in the province of Quebec...   » Read the article

Encyclopedia - Corporate Crime: Encyclopedia Ii - Corporate Crime - Definitional Issues
Corporate crime - Legal person. The Fourteenth Amendment to the U.S. Constitution stipulates that, "No State shall make or enforce any...   » Read the article

Encyclopedia - Slander And Libel: Encyclopedia Ii - Slander And Libel - English Law
Slander and libel - Development of English defamation law. Modern libel and slander laws as implemented in many but not all Commonwealt...   » Read the article

Encyclopedia - Intention Criminal: Encyclopedia Ii - Intention Criminal - Definitions
A range of words is used to represent shades of intention in the various criminal laws around the world. The most serious crime of murder...   » Read the article

Encyclopedia - Criminal Negligence: Encyclopedia Ii - Criminal Negligence - Particular Examples
Criminal negligence - United States. Examples of criminally negligent crimes are criminally negligent homicide and negligent endangerme...   » Read the article

Encyclopedia - Nature Versus Nurture: Encyclopedia Ii - Nature Versus Nurture - Misc
The concurrent development phenomenon: why do identical twins who are raised together grow to behave differently? A number of social issu...   » Read the article

Encyclopedia - Nature Versus Nurture: Encyclopedia Ii - Nature Versus Nurture - Philosophical Difficulties: Are The Traits Real?
It is sometimes a question whether the "trait" being measured is even a real thing. Much energy has been devoted to calculating the herit...   » Read the article

Encyclopedia - Nature Versus Nurture: Encyclopedia Ii - Nature Versus Nurture - Moral Difficulties: Eugenics Etc..
Some observers believe that modern science tends to give too much weight to the nature side of the argument, in part because of social co...   » Read the article

Encyclopedia - Criminal Negligence: Encyclopedia Ii - Criminal Negligence - What Is The Reasonable Person Standard?
This is not a real person but a legal fiction, an objective yardstick against which to measure the culpability of real people. For these ...   » Read the article

Encyclopedia - Regulatory Offences: Encyclopedia Ii - Regulatory Offences - Absolute Liability Offences
An absolute liability offence is a type of criminal offence that does not require any fault elements to be proved in order to establish g...   » Read the article

Encyclopedia - Nature Versus Nurture: Encyclopedia Ii - Nature Versus Nurture - Uncomplicated Cases
In a few clear-cut cases, it makes sense to say that a trait is due almost entirely to nature, or almost entirely to nurture. In the case...   » Read the article

Encyclopedia - Slander And Libel: Encyclopedia Ii - Slander And Libel - Origins Of Defamation Law
In most early systems of law verbal defamations were treated as a criminal or quasi-criminal offence, its essence lying not in pecuniary ...   » Read the article

Encyclopedia - Slander And Libel: Encyclopedia Ii - Slander And Libel - Vocabulary And General Concepts
Slander and libel - Origin of the word libel. from Latin libellus "little book" Slander and libel - Libel and Slander. "Libel", "slan...   » Read the article

Encyclopedia - Slander And Libel: Encyclopedia Ii - Slander And Libel - Australian Law
Australian law tends to follow English law on defamation issues, although there are differences introduced by statute. A recent judgment ...   » Read the article