Culpability, or being culpable, is a measure of the degree to which an agent, such as a person, can be held morally or legally responsible for action and inaction. It has been noted that the word, culpability, "ordinarily has normative force, for in nonlegal English, a person is culpable only if he is justly to blame for his conduct". Culpability therefore marks the dividing line between moral evil, like murder, for which someone may be held legally responsible and a randomly occurring event, like earthquakes, for which no human can be held responsible. One formulation of the concept is as follows:
A person is culpable if they cause a negative event and
(1) the act was intentional;
(2) the act and its consequences could have been controlled (i.e., the agent knew the likely consequences, the agent was not coerced, and the agent overcame hurdles to make the event happen); and
(3) the person provided no excuse or justification for the actions.
Culpability descends from the Latin concept of fault (culpa). The concept of culpability is intimately tied up with notions of agency, freedom, and free will. All are commonly held to be necessary, but not sufficient, conditions for culpability.
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From a legal perspective, culpability describes the degree of one's blameworthiness in the commission of a crime or offense. Except for strict liability crimes, the type and severity of punishment often follow the degree of culpability. "Culpability means, first and foremost, direct involvement in the wrongdoing, such as through participation or instruction", as compared with responsibility merely arising from "failure to supervise or to maintain adequate controls or ethical culture".
Modern criminal codes in the United States usually make distinct four degrees of culpability.
Legal definitions of culpability are:
(The above has been quoted verbatim from the Pennsylvania Crimes Code. That in turn derives from the American Law Institute's Model Penal Code, which is the basis for large portions of the criminal codes in most states. The only difference is that the MPC uses "purposely" instead of "intentionally".)
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 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.
For instance, the definition of first degree murder (again in PA) is "A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing." Thus to be guilty of murder in the first degree, one must have an explicit goal in one's mind to cause the death of another. On the other hand, reckless endangerment has a much broader requirement: "A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury." Thus to be guilty of this one only needs to be aware of a substantial risk he is putting others in danger of; it does not have to be one's explicit goal to put people in risk. (But, if one's goal is to put others in substantial risk of death or serious bodily injury, this is, of course, sufficient.)
There is one more type of culpability, and that is strict liability. In strict liability crimes, the actor is responsible no matter what his mental state; if the result occurs, the actor is liable. An example is the felony murder rule: if the prosecution proves beyond reasonable doubt that one commits a qualifying felony (see the article) during which death results, one is held strictly liable for murder and the prosecution does not have to prove any of the normal culpability requirements for murder.