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I am in need of a good example for Voir Dire to explain to jurors the difference between Recklessly and Criminal Negligence. Any ideas???? | ||
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It is the difference between acting like an "at-risk" stupid teenager or merely a normal stupid teenager. Actually, I like the precision in the legislature's choice of words. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES. (a) [...] (b) [...] (c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. (d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. It seems the biggest difference is whether the state has evidence to prove the defendant was actually aware of the risk and not just being a moron. | |||
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