{"id":15200,"date":"2018-03-06T06:28:10","date_gmt":"2018-03-06T06:28:10","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=15200"},"modified":"2018-03-08T06:03:34","modified_gmt":"2018-03-08T06:03:34","slug":"criminal-negligence","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=15200","title":{"rendered":"“gross,” “criminal,” or “culpable” negligence – conscious, wanton, reckless disregard for the probability that death or injury could result from one’s actions"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> Section 1<\/a> >>>> Torts<\/a> >>>> Basic Classifications of Torts<\/a> >>>> Negligent Tort<\/a> >>>> Negligence<\/a>:<\/span>
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criminal negligence<\/span>:<\/span>
\n<\/strong>(1838)<\/span><\/p>\n

1. Gross negligence so extreme that it is punishable as a crime.\u00a0 *\u00a0 For example, involuntary manslaughter or other negligent homicide can be based on criminal negligence, as when an extremely careless automobile driver kills someone.<\/strong> \u2014 aka <\/span>culpable negligence<\/strong><\/em><\/span>; gross negligence<\/strong><\/em><\/span>. [1]
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2. The objectively assessed mental state of an actor who should know that there is a substantial and unjustifiable risk that the social harm that the law is designed to prevent will occur but who nevertheless engages in the prohibited action.\u00a0 *\u00a0 Under the Model Penal Code, this mental state represents the minimum level of culpability required for criminal liability except when the offense carries absolute liability.\u00a0<\/strong> Cf. CULPABILITY; MENS REA; RECKLESSLY. [1]<\/span><\/p>\n

1. Negligence which is proscribed by law and for which punishment is provided as constituting a crime. 38 Am J1st Negl \u00a7 9<\/span>.<\/strong> <\/span>
\n\u00a0\u00a0\u00a0\u00a0 See negligent homicide<\/em>. [2]<\/span><\/p>\n

1. A degree of negligence that exceeds ordinary negligence and that is punishable as a crime.\u00a0 The term culpable negligence<\/span> is also applied to such conduct.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See manslaughter<\/em>; negligent homicide<\/em>. [3]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Wayne R. LaFave & Austin W. Scott Jr.’s Criminal Law<\/em><\/a><\/span> (2d ed. 1986):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cThough the legislatures and the courts have often made it clear that criminal liability generally requires more fault than the ordinary negligence which will do for tort liability, they have not so often made it plain just what is required in addition to tort negligence -greater risk, subjective awareness of the risk, or both. Statutes are sometimes worded in terms of \u2018gross negligence\u2019 or \u2018culpable negligence<\/span>\u2019 or \u2018criminal negligence,\u2019 without any further definition of these terms. . . . The courts thus have had to do their best with little guidance from the legislature, with varying results.<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

culpable negligence<\/span>:<\/span>
\n<\/strong>(17c)<\/span><\/p>\n

1. Negligent conduct that, while not intentional, involves a disregard of the con<\/strong>sequences likely to result from one\u2019s actions.\u00a0<\/strong>[1] <\/span><\/p>\n

1. A term sometimes defined in a manner similar to definitions of ordinary negligence, it being said that “culpable negligence” is the omission to do something which a reasonable, prudent and honest man would do, or doing something which such a man would not do under all the circumstances surrounding each particular case. State v Emery<\/em>, 78 Mo 77; Kent v State, 8 Okla Crim 188, 126 P 1040<\/span>.<\/span><\/strong><\/p>\n

Other authorities consider \u201cculpable negligence\u201d as something beyond ordinary negligence, defining it as the conscious and wanton disregard of the probabilities of fatal consequences to others as the result of the wilful creation of an unreasonable risk thereof; or a wanton disregard of, or indifference to, the safety of human life. Smith v State<\/em>, 197 Miss 802, 20 So2d 701, 161 ALR 1<\/span>. <\/span><\/span><\/strong><\/span><\/p>\n

The term, as used in workmen\u2019s compensation acts excepting employees guilty of such negligence from the right to compensation, does not have the same meaning as the word \u201cblamable,\u201d but means practically the same as \u201cwilful and serious misconduct\u201d which in turn means improper conduct of a grave and aggravated character, either intentional misconduct, or misconduct of such a character as to evince a reckless disregard of consequences to the one who is guilty of it.\u00a0 <\/span><\/span>Fuhs v Swenson<\/em>, 58 Wyo 393, 131 P2d 333; 58 Am J1st Workm Comp \u00a7 200<\/span>. <\/span><\/span><\/strong><\/span><\/p>\n

In most of the jurisdictions the term, as used in a manslaughter statute, has been construed as meaning negligence of a higher degree than ordinary negligence which suffices as a basis for liability in a civil action. However, in a few jurisdictions the term has been construed as denoting merely ordi<\/span>nary negligence when used in such a statute. Anno: 161 ALR 10<\/span>.<\/strong>
\nSee negligent homicide<\/em>. [2]<\/span><\/p>\n

1. Both in the law of negligence and as used in criminal negligence and manslaughter statutes, a conscious and wanton disregard or the probability that death or injury will result from the willful creation of an unreasonable risk.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 See also culpable homicide<\/em>; gross negligence<\/em>; negligent homicide<\/em>. [3]<\/span><\/p>\n

2. See criminal negligence<\/em><\/span><\/strong>.<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from 65 C.J.S. Negligence<\/em> 5 1(13) (1966):<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201c\u2018Culpable negligence,\u2019 while variously defined, has been held incapable of exact definition; it means something more than negligence . . . . In connection with negligence, the word \u2018culpable\u2019 is sometimes used in the sense of \u2018blamable,’ and it has been regarded as expressing the thought of a breach of a duty or the commission of a fault; but culpable negligence has been held to amount to more than \u2018blameworthy\u2019 conduct . . . . It does not involve the element of intent.\u00a0 On the other hand, it has been said to be intentional conduct which the actor may not intend to be harmful but which an ordinary and reasonably prudent man would recognize as involving a strong probability of <\/span><\/strong>injury to others.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

gross negligence<\/span>:<\/span>
\n<\/strong>(16c)<\/span><\/p>\n

1. A lack of even slight diligence or care.\u00a0 *\u00a0 The difference between gross negligence and ordinary negligence is one of degree and not of quality.\u00a0 Gross negligence is traditionally said to be the omission of even such diligence as habitually careless and inattentive people do actually exercise in avoiding danger <\/strong>to their own person or property.<\/strong> \u2014 aka willful and wanton misconduct<\/strong><\/em><\/span>.\u00a0 <\/span><\/p>\n

2. A conscious, voluntary act or omission in reckless. disregard of a legal duty and of the consequences to another party, W\\who may typically recover exemplary damages. <\/strong>\u2014 aka reckless negligence<\/strong><\/em><\/span>; wanton negligence<\/strong><\/em><\/span>; willful negligence<\/strong><\/em><\/span>; willful and wanton negligence<\/strong><\/em><\/span>; willful and wanton miscon<\/strong><\/em>duct<\/strong><\/em><\/span>; hazardous negligence<\/strong><\/em><\/span>; magna neglegentia<\/strong><\/em><\/span>.\u00a0 <\/span><\/p>\n

3. See criminal negligence<\/em><\/strong><\/span>. [1]
\n<\/span><\/p>\n

1. A classification as difficult as any classification according to degrees of negligence. 38 Am J1st Negl \u00a7 43<\/span>.<\/span><\/strong><\/p>\n

Negligence characterized by the want of even slight care.\u00a0 Acting, or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally with a conscious indifference to consequences so far as other persons may be affected.<\/strong> [2]<\/span><\/p>\n

1. Willfully and intentionally acting, or failing to act, with a deliberate indifference to how others may be affected.<\/span><\/strong>
\n\u00a0\u00a0\u00a0\u00a0 Compare ordinary negligence<\/em>. [3]<\/span><\/p>\n

\u00a0<\/span>\u00a0\u00a0\u00a0 Excerpt from H.L.A. Hart’s <\/span>\u201c<\/span>Negligence, \u2018Mens Rea and Criminal Responsibility,\u201d in Punishment and Responsibility<\/em><\/a> (1968):<\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cNegligence is gross if the precautions to be taken against harm are very simple, such as persons who are but poorly endowed with physical and mental capacities can easily take.<\/span>\u201d<\/strong> [6]<\/span><\/p>\n

\u00a0\u00a0<\/span>\u00a0\u00a0 Excerpt from W. Page Keeton et al.’s<\/span> Prosser and Keeton on the Law of Torts<\/em><\/a> (5th ed. 1984):<\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 \u201cGross Negligence<\/em>.\u00a0 As it originally appeared, this was very great negligence, or the want of even slight or scant care. It has been described as a failure to exercise even that care which a careless person would use.\u00a0 Several courts, however, dissatisfied with a term so nebulous . . . have construed gross negligence as requiring willful, wanton, or reckless misconduct, or such utter lack of all care as will be evidence thereof . . . .\u00a0 But it is still true that most courts consider that \u2018gross negligence\u2019 falls short of a reckless disregard of the consequences, and differs from ordinary negligence only in degree, and not in kind.<\/span>\u201d<\/strong> [7]<\/span><\/p>\n

hazardous negligence<\/span>:<\/span>
\n<\/strong>(1904)<\/span><\/p>\n

1. Careless or reckless conduct that exposes someone to extreme danger of injury or to imminent peril.\u00a0<\/strong><\/span><\/p>\n

2<\/strong>. See gross negligence<\/strong><\/span> (2)<\/em>.<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>Deluxe Tenth Edition<\/b><\/span><\/a><\/em>\u00a0<\/span><\/strong>by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/strong><\/a>with<\/b><\/span><\/em> Pronunciations
\n<\/b><\/span><\/em>Third Edition<\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal<\/b><\/span><\/em> Assistant<\/b><\/span><\/em> Edition<\/b><\/span><\/em><\/a>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]: Wayne R. LaFave & Austin W. Scott Jr., Criminal Law<\/em><\/a> \u00a7 3.7, at 235-37 (2d ed. 1986).<\/strong><\/span><\/p>\n

[5<\/strong><\/span>]: 65 C.J.S. Negligence 5 1(13) (1966)<\/em><\/strong>.<\/span><\/p>\n

[6]: H.L.A. Hart, \u201cNegligence, \u2018Mens Rea and Criminal Responsibility,\u201d in Punishment and Responsibility<\/em><\/a> 136, 149 (1968). <\/strong><\/span><\/p>\n

[7]: W. Page Keeton et al., Prosser and Keeton on the Law of Torts<\/em><\/a> \u00a7 34, at 211-12 (5th ed. 1984).<\/strong><\/span><\/p>\n

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