Culpability in Criminal Law The diploma thesis deals with the topic of culpability in criminal law, which is an obligatory attribute of the subjective aspect of the criminal offence. It characterizes the offender's psyche in relation to the criminal offence. In Czech criminal law, the principle of liability for fault (nullum crimen sine culpa), according to which there is no crime without fault, applies. The diploma thesis is divided into five chapters. The first chapter is focused on the general introduction; in which the crime and its merits are discussed. The largest part is left to the interpretation of the subjective aspect of the criminal offence and its obligatory and facultative characteristics. The chapter concludes with a treatise on the concept of guilt in criminal law. The second chapter deals with the historical development of the institute of culpability in the criminal codes, which used to be applicable in our territory, from the period defined by the applicability of the Act on Crimes, Offenses and Misdemeanours to the Criminal Code of 1961, which was replaced in 2010 by the current Criminal Code. The third chapter deals with the current regulation of culpability in criminal law, the most part is left to the general characteristics of the regulation of culpability in the applicable...

Culpability in criminal law Abstract The topic of this diploma thesis is culpability in criminal law. Culpability is a traditional institute of substantive criminal law and is an obligatory feature of the subjective aspect of a criminal offense. It expresses the internal psychological relationship of the perpetrator to the facts constituting the crime. Criminal liability in the legal system of the Czech Republic is based on the principle of liability for fault. If actual facts relevant from the point of view of criminal law are not covered by the culpability of the perpetrator, his criminal liability cannot be inferred. The thesis is divided into an introduction, 6 chapters and a conclusion. In order to understand the position of culpability within the structure of criminal offense, the first chapter defines the concept of a crime as a whole and its individual features. A general characteristic of the institute of culpability is offered in chapter two. It discusses the principle of liability for fault and the definitional features of culpability, including its individual components, i.e. the consciousness and volitional components, as well as the content of culpability, its degree, and procedural aspects, including the proving of culpability in criminal law. The central chapter of this diploma thesis is...

We live in a culture where school systems are accused of being negligent or at fault for any undesired outcome. This can leave school districts and their employees anxious about potential consequences, regardless if the negligent claim is warranted or not. Therefore, there is a need for all educators to understand their responsibilities to provide a safe learning environment, and this may look different from state to state across the United States. The purpose of this study was to analyze how California state courts have interpreted the concept of sovereign immunity and tort claims filed against California public-school districts and their public-school employees related to negligence of supervision on school grounds. This legal research case study design was guided by the following research question: what are the exceptions to sovereign immunity regarding negligence related to the supervision of students as required by California statute? This study analyzed twelve various cases of California public-school districts and employees involving negligence in supervision claims on school grounds after the 1963 California Tort Claims Act was enacted. Based on the issue, rule, application, and conclusion of the twelve cases, eight were ruled in favor of the plaintiff or appellant, and four cases had final court decisions in favor of the defendant or district being sued. Recommendations for further research are to replicate this study to determine how other states interpret negligence of supervision on school property for comparative purposes. Secondly, the research could be expanded to examine the supervision of students while off school premises.

The purpose of this study was to determine the knowledge level of vocational laboratory teachers in technical colleges and institutes in Alabama regarding tort liability concerning negligence. Furthermore, the study sought to determine the extent to which these same teachers observed and enforced safety practices in the conduct of their vocational laboratory classes. The investigator examined whether relationships existed between knowledge and practice and the factors of location--urban, suburban, or rural, level of education, teaching experience, age, gender, and industrial experience. Two hundred and ninety-seven vocational laboratory teachers in the technical colleges and institutes in Alabama participated in the study. The researcher did not make a random selection of vocational laboratory teachers, but included all vocational laboratory teachers as identified by the president/director of each institution upon the researcher's visit to the institution. A three-part questionnaire was used in collecting the data for this study. Part A contained eight items designed to collect personal data relative to the participants. Part B was. composed of twenty items designed to assess the knowledge of the participants concerning tort liability and negligence. Part C was composed of twenty-four items designed to assess the practice which related to the participants as vocational laboratory teachers. The Statistical Package for the Social Sciences (SPSS), second edition (1975), was used inasmuch as the frequencies, percentages, and correlations could be computed by this one program. The Pearson productmoment coefficient of correlation was used to determine the relationship between knowledge and practice. Chi square (χ²) was used to determine the relationship between variables for both knowledge and practice items. No significant relationship was found between knowledge and practice. There was no significant relationship between the variables of location, level of training, teaching experience, gender, age and industrial experience and the knowledge level of vocational laboratory teachers regarding the body of law concerning tort liability regarding negligence. There was no significant relationship between the variables of location, teaching experience, age and industrial experience and the safety practices and procedures used by the vocational laboratory teachers. The null hypotheses for these variables were retained. There was. a significant relationship between the variables of gender and level. of training and the safety practices and procedures used by the vocational laboratory teachers. The null hypotheses for these two variables were, therefore, rejected. / Ed. D.

Thesis (Ph. D.)--Columbia University, 1936. / Vita. Published also without thesis note. "Tables of cases": p. 229-233. "Tables of statutes": p. 233. Bibliography: p. 235-236.

This thesis seeks to contribute to the debate about the role of the criminal law in holding health professionals and health institutions to account for malpractice. The research attempts a critical comparison of the role of the criminal law and the criminal process in healthcare malpractice in France, a civil law jurisdiction, and England, a common law jurisdiction. In France, the criminal process is more readily invoked to address failings and malpractice in healthcare. The aim of this research is to see how the comparison of the two jurisdictions sheds light on the now much debated question of how the criminal process should relate to healthcare malpractice. The purpose of the comparative examination of law and process is twofold: (1) to highlight what might be seen as failings within each legal system and identify lessons that might be learned from each other and (2) to locate these differences in an analysis of how (if at all) the criminal process can best engage with healthcare malpractice. The much publicised HIV-contaminated blood episode in France and England is studied as an illustration of a case of systemic healthcare failure and the use of the criminal process in France. It is used to illustrate and explore more fully the questions above and shed light on the overall aim of the thesis, which is to assess what the role of the criminal law should be in the context of healthcare malpractice. The research reveals that particular features of the general substantive criminal law and criminal process go a long way toward explaining differences in the criminalisation of healthcare malpractice as between France and England. The criminalisation of ‘simple’ direct negligence which may result in death or injury in France provides the possibility to criminalise healthcare malpractice more readily than in England, where only gross negligence resulting in death is generally criminalised in the healthcare malpractice context. Features of the French inquisitorial criminal process (notably juges d’instruction and parties civiles) play a central role in providing a greater platform for the criminalisation of healthcare malpractice in France, whereas features of the English adversarial system (in particular the role of the Crown Prosecution Service and the jury) tend to minimise the possibility for a wider criminalisation of healthcare malpractice in England. However, I do not argue that England should follow France in adopting more extensive use of the criminal process in the context of healthcare malpractice. Key lessons drawn from the present study are that the criminal process is not usually an appropriate means to respond to many instances of healthcare malpractice. This is not to say that the criminal process has no role to play where the conduct of the professional has shown no regard for the safety of patients. Features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice using alternative non-criminal proceedings. For instance, it will be argued that the model of thorough investigations conducted by juges d’instruction in the French criminal process could be better achieved outside the criminal law to provide transparency in the healthcare context. The study will point out the limitations of the criminal process in preserving health and safety and will thus highlight the importance of alternatives to the criminal process such as prevention in the healthcare setting and support to victims of healthcare malpractice.

This thesis is a critical examination of the boundaries of recklessness and negligence in English and Welsh criminal law and of the extent to which these mentes reae terms reflect the leading theories of culpability. The general principle requiring mens rea to be established before criminal liability is justified stems from the maxim ‘actus non facit reum nisi mens sit rea’, and the historical foundations of this concept will be analysed to assess whether there can be criminal liability for inadvertent conduct whilst still upholding this tenet. The interpretation of recklessness and negligence has proven to be problematic as both have included inadvertent actions and subjective and objective labels have been employed inconsistently, exacerbating an already difficult situation. What becomes clear is that the recent judicial pronouncements that have given rise this state of affairs is the result of a desire for flexibility so that justice can be done in a particular case, but this has culminated in a lack of transparency and some confusion. The aim of this work is to determine appropriate limits for criminal recklessness and negligence with regard to serious offences. Over the last century recklessness has had three main interpretations, none of which are satisfactory as will be demonstrated. This is partly because they cannot be adequately underpinned by the theories of choice and character, the leading theories of culpability. Further, the objective/subjective labels attached to the three interpretations are inaccurate and misleading, with the potential for injustice. Accordingly, other culpability theories are scrutinised and a new interpretation of recklessness is advocated in an attempt to provide a more consistent philosophical and practical approach to determining criminal recklessness and negligence.

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Diese Diplomarbeit beschäftigt sich mit dem Irrtum im Strafrecht und seine Problematik. Zweck der Arbeit ist die Wichtigkeit von diesem strafrechtlichen Institut zu betonen und seine Rolle im Rahmen des Strafrechts klarzustellen. Daraus entspringt auch seine sehr enge Verbindung zwischen dem Irrtum und dem Grundsatz der Subsidiarität der Strafrepression, auf welchen muss man in einigen Fällen des Rechtirrtums eine besondere Rücksicht nehmen. Der Irrtum des Straftäters ist für die Rechtstheorie wesentlich. Und es hat eine große Bedeutung auch für den Täter, weil es Einfluss auf seine strafrechtliche Verantwortlichkeit hat. In dem ersten Teil definiere ich erstens einige Begriffe, die wesentlich für das Verständnis des Irrtums sind und auf welche wir nicht verzichten können. In dem ersten Kapitel geht es um den Straftat. In dem zweiten Kapitel verlege ich mich mit der subjektiven Seite der Straftat und mit den Begriffen wie das Verschulden, der Vorsatz, die Fahrlässigkeit, der Versuch, die Vorbereitu ngshandlung und Weitere, also die meist mit Zusammenhang mit dem Strafrechtirrtum verwendeten Begriffe. In dem dritten Kapitel stelle ich kurz auch die Umstände, die die Widerrechtlichkeit beseitigen, vor. Kurzgefasst zahle ich auf, um welche es geht und was wir uns unter diese Begriffe vorstellen...

Culpability in criminal law Abstract The culpability is fundamental institute of the Czech criminal law, because it is mandatory attribute of the subjective aspect of the criminal offence. The culpability is necessary to fulfill any of the facts of the criminal offence as the fundamental principle of liability for fault, which implies that there is not a criminal offence without fault. This thesis deals with the culpability in criminal law and is divided into six chapters, including introduction and conclusion. The introduction is followed by the chapter about general introduction, namely the placement of the culpability in the facts of the criminal offence. In this section the differences between the fault and culpability are explained, and it deals in detail with the content of the culpability, which means the extent of the facts included by culpability. This chapter is also concerned with the intensity and degree of individual form of culpability known as degree of culpability. In addition to the above, this chapter includes also a section dedicated to the matter of proving the culpability in the criminal law. The next chapter summarizes the historical development of culpability. Starting with the Act on Crimes, Offences and Misdemeanors (1852), the Criminal Code od 1950, the Criminal Code of 1961 and...