August 11, 2008, 13:56
Darla FaulknerCriminal 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
AlexLaymanIt 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.