Which best describes criminal negligence?

Which best describes criminal negligence?

• A. Fails to see risk
• B. Aware of conduct causing risk
• C. Objective is to cause a result
• D. Intentionally acts

Answer: (A)

Criminal negligence is about failing to perceive a substantial and unjustifiable risk that one’s conduct could cause harm, in a way that is a gross deviation from how a reasonable person would act in the same situation. The key is the lack of awareness of risk that a reasonable person would have recognized, not a desire to cause harm. So describing someone who simply does not see the risk fits this idea. If someone is aware of the risk or actively intends to bring about a result, that would be a different mental state—recklessness or intent—rather than criminal negligence.

Criminal negligence is about failing to perceive a substantial and unjustifiable risk that one’s conduct could cause harm, in a way that is a gross deviation from how a reasonable person would act in the same situation. The key is the lack of awareness of risk that a reasonable person would have recognized, not a desire to cause harm.

So describing someone who simply does not see the risk fits this idea. If someone is aware of the risk or actively intends to bring about a result, that would be a different mental state—recklessness or intent—rather than criminal negligence.