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Criminal Negligence Voir Dire Example

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August 11, 2008, 13:56
Darla Faulkner
Criminal Negligence Voir Dire Example
I am in need of a good example for Voir Dire to explain to jurors the difference between Recklessly and Criminal Negligence. Any ideas????
August 11, 2008, 17:49
AlexLayman
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.