Usually, I have always loved reading the ecotrain's questions of the week after I got to know @eco-alex when he gave a question relating to @familyprotection many months back. Since then I have been following them up when I can, and he has done a good job being a great driver of the ecotrain. That said, after seeing the question of this week, I was genuinely driven to provide an answer to this question, at least my own perception of this question since I have met a dozen of people both Cops and Caseworkers, judge and lawyers who throw around this phrase many times not a few.
This question is one of those questions that you can not just say is a "A" or "B", in fact, the more you look into it, the more you are likely to change your answer every now and then as new conditions shines a ray on the matter.
Culpability
A person causes a result purposely if the result is his/her goal in doing the action that causes it,
A person causes a result knowingly if he/she knows that the result is virtually certain to occur from the action he/she undertakes,
A person causes a result recklessly if he/she is aware of and disregards a substantial and unjustifiable risk of the result occurring from the action, and
A person causes a result negligently if there is a substantial and unjustifiable risk he/she is unaware of but should be aware of.
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.From Wikipedia
Although wikipedia has spoken with some legalese influenced style, what all that sensible-jargon means is "degree of blameworthiness", what others tend to call scapegoating.
[Source](Source)Inequality And Injustice
I was doing my Job is the new motto of justification for most negative acts that have occurred when dealing with the law. When a sense of inequality and injustice is in play(well, that is what brings about culpability in the first place; the presence of injustice, and double-standard!), then there must have been to an extent injustice and inequality.
The People Who Follow And Enforce The Law
The laws will always be laws and rules, when I say "law" here, I am referring to those within the constitution that are sound. Despite these, there would always be amendments, it is within this space that dubious "il-language" ones are introduced that allows for the enforcers to bring in injustice.
That aside, the same worker that says "he is just doing is job" would have done his job differently if he were approaching lets say "Zuckerberg" or a "Judge". Enforcers are given the opportunity to work with "Discretion" while accomplishing a duty but they "choose" to Purposely, Knowingly, Recklessly And Negligently go about their duties.
A CPS worker who goes about "knowingly" falsifying data because he wants to get a child who might be in danger out of a place has dealt unjustly! and culpable because he has knowingly done that despite trying to fulfill his duty. In this scenario,the orders she has been given is to make sure the child is alright but to do this following spelt out lawful routes, but he decides a short court is better. He is fully Culpable.
A police man who storms a home and allows a CPS worker get a child from their home without asking the CPS for a warrant is fully culpable. This same Officer would decide to ask for a warrant from the caseworker if it was "Obama's house" that was being visited. He is culpable.
The People Who Make Rules and Laws
If the law are perfect then the makers are not culpable for injustice, but that is not the case most of the time. I know this might sound ironic, laws can be LEGAL but UNJUST. This brings the words of Martin Luther to my memories when he said;
Not all things that is legal is Just!. Remember, in Germany, all that Hitler did was LEGAL.-Martin Luther
Because something was legal, doesn't make it Just!, if it is not Just, it definitely causes Injustices. This is where we ask ourselves very important questions, how does some of the ACTS that gets into the body of the constitution get there!. By the hands of some selected few who do not truly represent the people. They are culpable in such a time!. Why make a law that is so loose to the extent that one can abuse such laws and escape under the canopy of another law.
Is the notion "I'm just doing my job" ethical
This statement is usually and most times an excuse for causing harm. The "I am Just Doing my Job" phrase is simply a canopy to run to when you have messed up. This why people quickly run back to the Immunity their jobs give them, even when they acted for their own selfish interest, for example Caseworkers. This is where the issue of discretion comes in. You are just doing your job? but how are you doing this your job?. Is he doing it rightly?, is he using the same standards across board?, Is he being diplomatic?. Is he using the color of the law as a disguise?. Are you truly doing your Job?
Most times when that man says he is just doing his job, the rest questions are above should also be asked to probe him!. Ethical?, when doing your job lacks a moral or dutiful compass, there is nothing Ethical with that.
So What Now
Culpability in my own opinion as regards Injustice and Inequality robs both the Law Makers(Are these laws just and does it reflect the will of the masses?) and the Enforcers(How are you carrying out your job?, fairly or unfairly?, with a single standard or double standard?, with a humane-patriotic heart or selfishness?).
Lastly, sadly, We the People are culpable for what happens to US!. As a matter of fact, we have forgotten what it means to be "We the people"!. The lawmakers, enforcers and all are there to serve us!. Remember, The Laws are made for the People, The People are not made for the Law.
This Ecotrain weekly question is a three edged sword, and the more you look the more you see that we are all a system that has contributed one way or the other to where we are today. Laws are made For the people.
Thank you @eco-alex for the chance to participate in this ecotrain question verse. And I am open to other views as well, above is just what I think about this whole picture.
I Love To Make Blooms And Children Need It More Than Ever
Peace to you all,
MakeBloom
( @kryptocoin )
If you truly care and passionate about helping families and children worldwide facing CPS injustice, an healthy step is to JOIN the @familyprotection community.
