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Simple crim all in one pack1/2/2023 For example, it may be simple negligence to leave items out on your sidewalk that cause a neighbor to fall and hurt themselves. However, at some point general carelessness turns into something more culpable, and some criminal statutes have heightened negligence standards such as criminal or reckless negligence. CriminalĬarelessness is generally referred to as " negligence" in legal terminology, and generally results in only civil liability. Even though the pedestrian is killed in both scenarios (the outcome is the same), the intent of both drivers was very different and their punishments will be substantially different as a result. Driver 2 is probably criminally liable because he intended to kill the pedestrian, or at least he intended to cause serious bodily harm. Driver 1 is still liable, but likely only in civil court for monetary damages.ĭriver 2, on the other hand, had been out looking for the pedestrian and upon seeing him, steered towards him, hit the gas pedal and slammed into him, killing him instantly. Driver 1 never saw the person until it was too late, tried his or her best to brake, but could do nothing to stop the accident and in fact ended up killing the pedestrian. To give an example, imagine two drivers who end up hitting and killing a pedestrian. Mens rea allows the criminal justice system to differentiate between someone who did not mean to commit a crime and someone who intentionally set out to commit a crime. Most crimes require what attorneys refer to as "mens rea," which is Latin for a "guilty mind." In other words, what was the defendant's mental state and what did the defendant intend when the crime was committed.
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