Did you know that almost 120,000 deaths are caused each year due to medical negligence? Negligence cases — especially those caused by car accidents — make up a huge portion of civil cases.
However, negligence cases aren’t confined to civil court. When negligence meets recklessness, it can become a criminal trial. This type of criminal negligence is far more serious than regular negligence. If you want to learn more about the concept, then you’re in the right place. Let’s get started!
What is Criminal Negligence?
Essentially, criminal negligence refers to a criminal case in which someone puts their life, and the lives of others, at risk. However, the biggest difference between criminal negligence and civil negligence is that the person was reasonably aware of the dangers that their actions would cause.
This is what’s referred to as recklessness. Some courts will attempt to distinguish criminal recklessness. To do this, they’ll say that recklessness requires the defendant to understand the risk, while criminal negligence simply states that they should have understood the risks.
However, increasing these two terms — recklessness and criminal negligence — are getting harder and harder to distinguish between. Typically, this type of case results in the death (or serious injury) of another person.
Reasonable Person Standard
A vital element in any criminal negligence case is what’s referred to as the reasonable person standard. This is the standard by which the defendant is judged. Essentially, it states that the person responsible acted in a way that a reasonable person would have not.
For example, a reasonable person would not drive drunk. That’s because the average person knows that doing so is a dangerous decision that can put lives at risk. However, the defense may try to bypass this standard by arguing that the person wasn’t in their right mind at the time.
What Are Some of the Different Types of Criminal Negligence?
There can be a variety of different criminal negligence cases. One of the most popular types is the negligent endangerment of a child. This occurs when a guardian knows that their child is being abused, but refuses to do anything about it. Another type is known as criminally negligent homicide.
This occurs when someone willfully or wantonly causes conduct that kills another person. For example, if a drunk driver kills someone, then it could be tried as a criminally negligent homicide.
Medical error can also be a form of criminal negligence. This form of medical malpractice occurs when the healthcare provider acts recklessly and in strict deviation from professional standards.
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We hope this article helped you learn more about criminal negligence. As you can see, this type of crime carries with it some serious repercussions. As such, you should always seek legal help if you’ve been charged with it. Did you find this article informative? If you want more topics like it, then you’re in the right place. Keep on reading to find more subjects that interest you.