“The concept of culpability is used as a reference point to assess the defendant’s guilt and punishment even though, in the two contexts, culpability denotes different aspects of the defendant and the murder. At the guilt phase, culpability is most often used to refer to the state of mind that the defendant must possess. Also at the guilt phase, culpability may reflect a broader judgment about the defendant: when he is culpable for his conduct, it means that he is blameworthy and deserves punishment. At the punishment phase, the concept of culpability stands as the benchmark for when the death penalty is an appropriate punishment.” Phyllis L. Crocker, Concepts of Culpability and Deathworthiness, 66 Fordham L. Rev. 21, 35–36 (1997).
culpability
culpability (k[schwa]l-p[schwa]-bil-[schwa]-tee), n. Blameworthiness; the quality of being culpable. • Except in cases of absolute liability, criminal culpability requires a showing that the person acted purposely, knowingly, recklessly, or negligently with respect to each material element of the offense. See Model Penal Code § 2.02.
