why is criminal culpability difficult to determine?

Answer 1

the culpability of an act often depends on the mental state of the person. The defendant is not very likely to say "I really meant to do that". Thus, it has to be proven by circumstantial evidence. As circumstantial evidence, by definition, can be argued to mean multiple things, the culpability of the defendant is very hard to prove in many cases.

Answer 2

In addition to determining the actors Mens rea (mental state) criminal culpapbility must be proven beyond a reasonable doubt. That is a high standard that may be easily met in some case, but in others, it may be a close call. Whether the standard is met will depend upon the interpretation of the evidence by 12 jurors. Have you ever had a debate about something with 2 friends? You end up with 4 opinions! If that happens int he jury room, you end up with a jury that can't agree on a proper finding. maybe they are arguing between different degrees of a crime or between guitl and innocence. Some may have a reasonable doubt about one piece of evidence while others have no problem with it. As you can see, the 12 jurors can result in quite a bit of debate over how each one sees the evidence. Hopefully, in the end, they will agree on the proper/correct result, both interms of innocence or guilt and/or the proper degree of any crime charged.

Answer 3

2 components; First is elementary, actus reus, the act of a criminal offense, i.e. he pulled the set off somebody died. 2nd the difficult section, mens rea, the motive to commit the crime, particular he pulled the set off yet did he fairly propose to do it? How do you prepare it and then how do you convince a jury (a random pattern of disinterested voters) that a killing grow to be homicide or manslaughter or only an accident?

Answer 4

it is at time. that what out justice system is about, Right or wrong, a bunch of jurors hear the facts and decide.