Justice and criminal culpability
Date of this Version
This paper is primarily concerned with the function of the law of criminal responsibility or culpability. The two perspectives on criminal culpability - the condemnation theory, and the proportion theory – are adressed. Other issues discussed include levels of culpability, scope of culpability, the personalisation of objective tests, and the tests which measure the accused against the reasonable or ordinary person. The notion that a stable base for the development of principles of criminal culpability is lacking is also raised.
This document has been peer reviewed.