Why is criminal culpability difficult to determine ?
The person responsible for a crime is a criminal. And giving punishment to the criminals according to their conducted crime is an inevitable part of human existence. Ever since humans started to build socialization and even before that there was punishment, existing in one form or another. This system falls under the law and enforcement department and in modern context a highly educated and eligible as well as knowledgeable judge decides about the punishment of a criminal in a court room. But it is very difficult to determine the culpability of a criminal. Question may arise that why should this be difficult.
Judging might seem a very easy task in average human mind of the society. But it is not something like a acting that goes on in real life. Before determining the culpability of a criminal a lot of things has to be considered. This is by no means an easy task. It is guessable if a person is thinking something in his mind but no one can ever be sure exactly that what is going through in other’s mind. Crime might have been conducted intentionally, knowingly, recklessly as well as negligently.
A crime may be the same but if it is done negligently, it would fall under a comparatively lower category of punishment. But if it is done recklessly, it would be comparatively harder in punishment than of conducted negligently. And the decree of punishment gets harder & harder for the same crime if it could be proved that it was done knowingly. And an intentional crime would get the highest level of punishment. So, catching a criminal might be challenging but determining on the basis of the evidence that in what way the crime was conducted is one of the toughest thing to do.