Why is criminal culpability difficult to determine?

Question

Why is criminal culpability difficult to determine?

Answer 1

There must be undeniable proof of their intent, not speculation, others opinion of there actions or anything that is not a signed confession.

Answer 2

In regard to ....??

Answer 3

A person causes a result purposely/intentionally 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

A person causes a result negligently if there is a substantial and unjustifiable risk he/she is unaware of but very much 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 necessary 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.