Criminal recklessness or criminal negligence refers to mens rea, or the defendant’s state of mind. This is the defendants state of mind at the time the crime was committed. The defendant knows and foresees the risks involved in a particular act. They consciously decide to disregard the risks associated with the action and do the action anyway.
Negligence Can be Criminal
Criminal negligence occurs when someone acts in a way that is outside of how a “reasonable” person would have acted in the same or similar situation. Negligence becomes criminal when there is an indifference or disregard for human life or for the safety of other individuals.
Criminal Negligence is a Failure of Reasonable Duties
“Negligence” is the failure to meet a reasonable duty of care for a given situation, but this may not apply to everyone all the time. Some types of negligence are avoidable with proper training and experience, but not everyone will possess the necessary skills to avoid negligence in some cases. The term “gross negligence” applies to actions that are so obviously wrong that even untrained, average people could avoid them.
Negligent Homicide Can be Criminal
Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. The most common form of criminal negligent homicide involves motor vehicle accidents, usually through an OWI or DUI.
Daycare Negligence Can be Criminal
When the acts of a day care, be it through workers, administrators or volunteers result in the serious injury or death of a child and the acts can be considered reckless in nature, a criminal prosecution may be pursued. Prosecution is often pursued by the sheriff’s office, police department, and the Prosecutor. It should be noted that a parent or guardian can still pursue a civil case or claim for personal injuries whether a criminal case is pursued or not by the governmental authorities. Calling for the need of a daycare negligence lawyer. An example of criminal negligence in a daycare situation would be if a child is left unattended and experiences injury and/or death.
Criminal Negligence Can Mean Prison
Even though criminal negligence falls in the lowest category of criminal offenses, criminally negligent homicide can involve a prison sentence. The range of punishment can include community service, probation and up to five years in prison, restitution.