In the real near future, the authors suggest, big data analysis (instead of the clairvoyant Pre-Cogs in that movie) may bring about a situation "in which judgments of culpability are based on individualized predictions of future behavior".
Culpability is and will be based ultimately upon a legal judgment as to Abu Ghraib's uniqueness or its typicality, its abnormalcy or its normalcy, when, in reality, it is the combined qualities of normal abnormalcy that make Abu Ghraib possible at all.
The rules also allow the S.E.C. to reduce a payment based on the whistle-blower's culpability or involvement in the violations, and prohibit an award if the person obtained the information illegally.
Children who commit crimes should be held accountable, but their charges and sentences must be based on their own actions and culpability rather than results of their actions that they, as adolescents with poor risk-assessment skills, are unlikely to foresee.
The culpability of and potential charges against Flynn's son, based on public reports, is less clear.
"We are prepared to say that the people no longer have confidence in the conviction based upon what we feel is third-party culpability," Grace said.
The culpability of the vanquished can be determined only by trusted arbiters based on evidence adduced after the end of hostility.
Both rulings were based on the court's recognition that juveniles have "diminished culpability and greater prospects for reform" — an insight that reflects recent research on how adolescent brains function.
The "decision is based entirely on the principle of 'accountability' and in no way on culpability or wrongdoing by the individuals concerned," Lloyds said.
But the four dissenting Justices in Roper rejected the idea that the same claim of diminished culpability could be made for all juveniles, since the Court's analysis had been based on aggregate differences between youths and adults, which may have little bearing on the sophistication of individual defendants, particularly those at the "margins between adolescence and adulthood".
