gesteigerte Vorwerfbarkeit

English translation: increased degree of culpability

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:gesteigerte Vorwerfbarkeit
English translation:increased degree of culpability
Entered by: Agius Language & Translation

20:15 Jan 8, 2004
German to English translations [PRO]
Law/Patents
German term or phrase: gesteigerte Vorwerfbarkeit
Bei absoluter Fahruntüchtigkeit ist grundsätzlich von grober Fahrlässigkeit auszugehen. Die Fahruntüchtigkeit folgt zwingend aus dem Blutalkoholgehalt. Eine wird widerlegbar vermutet.

This is a solictor's letter sent to his client, who has been involved in a car accident.
Agius Language & Translation
United Kingdom
Local time: 05:13
increased degree of culpability
Explanation:
For UK I suggest: "An increased degree of culpability is assumed by default"

OED: The degree of culpability depends on the presence or absence of intention.

Hope it helps.


--------------------------------------------------
Note added at 3 hrs 50 mins (2004-01-09 00:05:55 GMT)
--------------------------------------------------

I think maybe \"implied\" rather than \"assumed\"

--------------------------------------------------
Note added at 13 hrs 44 mins (2004-01-09 10:00:41 GMT)
--------------------------------------------------

P.S. Did you want UK or US English?
Selected response from:

Textklick
Local time: 05:13
Grading comment
This is perfect. Thank you. Yes, it is for the UK. Thank you all for your help.
4 KudoZ points were awarded for this answer



Summary of answers provided
4increased degree of blameworthiness
Kim Metzger
4[rebuttable presumption of] greater causal attribution
Maureen Holm, J.D., LL.M.
4increased reproachability
swisstell
3increased degree of culpability
Textklick
3unconscionability
jerrie


  

Answers


14 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
unconscionability


Explanation:
is given in the link below

unconscionability (unconscionable conduct)

To act unconscionably is to act unfairly or against good conscience. In contract law it also has a specialised meaning which is to take unfair advantage of another person's position of weakness usually caused by some disadvantage or disability (see Commercial Bank of Australia Ltd v Amadio (1983)). Any contract so formed may be set aside by a court if requested by the person taken advantage of.

increased unconscionability?






    Reference: http://216.239.59.104/search?q=cache:wAoTmc-NvZkJ:english.pb...
jerrie
United Kingdom
Local time: 05:13
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1469
Login to enter a peer comment (or grade)

15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
increased reproachability


Explanation:
i.e. the more one drinks, the more likely the reproachability in case of an accident

swisstell
Italy
Local time: 06:13
Native speaker of: German
PRO pts in pair: 3377
Login to enter a peer comment (or grade)

56 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
[rebuttable presumption of] greater causal attribution


Explanation:
Tort liability requires a duty, the breach of a duty [negligence], proximate cause, and damages.

The point here is that causal attribution is typically relative in traffic cases (i.e. 50-50, 10-90, 0-100), but where a high alcohol blood level is established in one party, there is a rebuttable presumption that such party, due to his impairment, was the likelier to have caused the accident.


Maureen Holm, J.D., LL.M.
United States
Local time: 00:13
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986
Login to enter a peer comment (or grade)

6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
increased degree of blameworthiness


Explanation:
One can be confident that Mr. Justice Holmes would have been the last to draw such a line. What he wrote about "blameworthiness" is worth quoting in its context:
"It is not intended to deny that criminal liability, as well as civil, is founded on blameworthiness. Such a denial would shock the moral sense of any civilized community; or, to put it another way, a law which punished conduct which would not be blameworthy in the average member of the community would be too severe for that community to bear." (This passage [355 U.S. 225, 232] must be read in the setting of the broader discussion of which it is an essential part. Holmes, The Common Law, at 49-50.)
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=searc...
We held that such statements introduced factors that might be "wholly unrelated to the blameworthiness of a particular defendant." 482 U.S., at 504 .
Because the Eighth Amendment itself requires "that the penalty imposed in a capital case be proportional to the harm caused and the defendant's blameworthiness," Enmund v. Florida, 458 U.S. 782, 823 (1982) (O'CONNOR, J., dissenting), I would reject a rigid Eighth Amendment rule which prohibits a sentencing jury from hearing argument or considering evidence concerning the personal characteristics of the victim.

None of this evidence was directly relevant to [490 U.S. 805, 818] the events of September 13, 1986, but all of it was relevant to the jury's assessment of respondent himself and his moral blameworthiness.


--------------------------------------------------
Note added at 6 hrs 28 mins (2004-01-09 02:44:13 GMT)
--------------------------------------------------

The expanded definitions involved gradations of guilt that led to conviction for different crimes according to degree of blameworthiness, using aspects usually reserved for ALI insanity defenses. Forensic psychiatrist Bernard Diamond was influential in the development of the expanded definitions of malice and premeditation as well as the inclusion of mental illness in diminished capacity as a basis in addition to drug and alcohol intoxication for negating specific intent.

http://www.emory.edu/AAPL/newsletter/N241_mens_rea_defenses....



    Reference: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vo...
Kim Metzger
Mexico
Local time: 23:13
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 21908
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
increased degree of culpability


Explanation:
For UK I suggest: "An increased degree of culpability is assumed by default"

OED: The degree of culpability depends on the presence or absence of intention.

Hope it helps.


--------------------------------------------------
Note added at 3 hrs 50 mins (2004-01-09 00:05:55 GMT)
--------------------------------------------------

I think maybe \"implied\" rather than \"assumed\"

--------------------------------------------------
Note added at 13 hrs 44 mins (2004-01-09 10:00:41 GMT)
--------------------------------------------------

P.S. Did you want UK or US English?

Textklick
Local time: 05:13
Native speaker of: English
PRO pts in pair: 1097
Grading comment
This is perfect. Thank you. Yes, it is for the UK. Thank you all for your help.
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:

Your current localization setting

English

Select a language

Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search