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Перевод: culpability speek culpability


[существительное]
виновность


Тезаурус:

  1. The answer to the first question is closely related to issues of stigma, labelling, and widely held opinions about culpability.
  2. Just as the discussion of the inclusionary aspect of the definition of murder travelled beyond the concepts of intent and recklessness, so the discussion of the exclusionary aspect (i.e. which killings fulfilling the definition should be classified as manslaughter rather than murder?) must consider the circumstances in which the killing took place and the culpability of the killer.
  3. Few drivers who bought car insurance policies from Dr Emil Savundra's Fire Auto Marine in the mid-1960s will forget the culpability of then Board of Trade.
  4. Surely it is possible that a jury might decline to convict of murder a person who intentionally killed under gross provocation, even though they knew that the judge could give a lenient sentence, because they wished to signify the reduction in the defendant's culpability by using the less stigmatic label of manslaughter.
  5. Lord Hailsham said the test was not culpability, callousness, self-indulgent indifference or failure of parental duty, but was the test of reasonableness in all the circumstances.
  6. It suggests too why establishing personal culpability is not the issue.
  7. This could be done more effectively if the law was changed so that it became the jury's responsibility to assess only the actual damage to the plaintiff and the judge's responsibility to impose an unlimited fine on the defendants according to his view of their culpability.
  8. The effect of that test would be to pick out those reckless killings which occurred when D had already manifested substantial moral and legal culpability, and to classify them as murder.
  9. Murder, manslaughter, and several other offences are discussed, and one recurrent issue here is whether English law responds proportionately to the different degrees of culpability manifested in cases where death is caused.
  10. In practice, it has been taken as allowing the jury to assess whether the mental abnormality was such a significant factor in the killing as to reduce D's culpability to the extent that the offence should be reduced from murder to manslaughter.
  11. There are powerful arguments in favour of saying that there are other killings where an intent to kill cannot be established, and yet where the moral or social culpability is equal to that in most intentional killings.
  12. Many American jurisdictions have three degrees of murder - first-degree murder, requiring premeditation, and second- and third-degree murder, covering lesser shades of culpability.
  13. The leading authority was the House of Lords case of Re W (1971) AC 682 where it was held that when dealing with the question of withholding consent, the test was reasonableness, not culpability or indifference, and although the child's welfare per se was not the test, it was relevant.

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