Search results
Results from the WOW.Com Content Network
To commit a criminal offence of ordinary liability (as opposed to strict liability) the prosecution must show both the actus reus (guilty act) and mens rea (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time.
Negligence shows the least level of culpability, intention being the most serious, and recklessness being of intermediate seriousness, overlapping with gross negligence. The distinction between recklessness and criminal negligence lies in the presence or absence of foresight as to the prohibited consequences.
Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." [1] In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss. [2]
"The defense didn't agree," Jarrett said, and further predicted, "If there is a conviction, it will get overturned on appeal." "It makes no sense," Jarrett said of the judge's dismissal.
A finding in those states that a defendant's conduct was "wanton," "reckless" or "despicable", rather than merely negligent, can be significant because certain defenses, such as contributory negligence, are often unavailable when such conduct is the cause of the damages.
Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die.Other times, an intentional killing may be negotiated down to this lesser charge as a compromised resolution of a murder case, as might occur in the context of the intentional shooting of an unarmed man after a traffic altercation. [1]
Grossman, 60, is charged with two counts of second-degree murder, two counts of vehicular manslaughter with gross negligence and one count of hit-and-run driving resulting in death. If convicted ...
The suit said Lieberman drove the Ferrari in a "careless, reckless and negligent manner" and "gross negligence that resulted in Schnellbacher's death and did so without any regard to Schnellbacher ...