Criminal Negligence
Here, the test is both subjective and objective. There is credible subjective evidence that the particular accused neither foresaw nor desired the particular outcome, thus potentially excluding both intention and recklessness. But a reasonable person with the same abilities and skills as the accused would have foreseen and taken precautions to prevent the loss and damage being sustained. Only a small percentage of offences are defined with this mens rea requirement. Most legislatures prefer to base liability on either intention or recklessness and, faced with the need to establish recklessness as the default mens rea for guilt, those practising in most legal systems rely heavily on objective tests to establish the minimum requirement of foresight for recklessness.
Read more about this topic: Mens Rea
Famous quotes containing the words criminal and/or negligence:
“If we are on the outside, we assume a conspiracy is the perfect working of a scheme. Silent nameless men with unadorned hearts. A conspiracy is everything that ordinary life is not. It’s the inside game, cold, sure, undistracted, forever closed off to us. We are the flawed ones, the innocents, trying to make some rough sense of the daily jostle. Conspirators have a logic and a daring beyond our reach. All conspiracies are the same taut story of men who find coherence in some criminal act.”
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