For a person to be guilty of a crime, there must be some level of culpability associated with the action. We are only blameworthy if there is some combination of intent about what we were doing and/or knowledge of how it could affect others. For example, an involuntary reflex cannot be considered a crime unless the person behaved in a way where that the involuntary reflex was foreseeably likely to result in a crime. If the doctor hits your knee with a rubber mallet and you kick him in the groin, the doctor cannot bring an assault charge.
There are four main ways of committing a crime which are frequently referred to in statutes: purposely, knowingly, recklessly or negligently. At least one of these mental states must be associated with the action of a crime for it to qualify as a crime. Often multiple standards of culpability will be at play. Sometimes the grading of the severity of the crime will depend on the standard of culpability associated with it. For instance, 1st degree murder is associated with purposely and knowingly committing the action. Let us review them one by one.
Purposely – Done with intent. This is a deliberate act, don’t with forethought. The formal latin expression for this is mens rea, meaning “guilty mind.”
Most crimes are committed intentionally or purposely. Burglary, for example, is a crime always crimes committed with purpose.
Knowingly – Done with understanding of the outcome and implications of the crime.
Most crimes are also committed knowingly. Anyone guilt of embezzlement knows that their crime will reap them financial rewards if they are to get away with it.
Recklessly – Done without concern for the outcomes of the crime. Grossly different from the way a reasonable person would behave in the same circumstance with respect to the level of risk to themselves and/or others. This may be due to carelessness or indifference to the safety of others.
Drunk driving is a classic instance of behaving recklessly. The charge associated with this offense may be reckless endangerment under certain circumstances.
Negligently – Done without seeming awareness of the potential harm or risk of an action and without proper attention to it. The defendant had a duty to perceive the risk of the actions and failed to honor that duty. Negligent culpability also involves a gross deviation from a reasonable person’s standard of risk. Negligence and recklessness overlap substantially but have a subtle difference of emphasis and severity.
If you were involved in a drunk driving situation and you need someone to represent you, please contact one of our Criminal Lawyers.
Negligence is frequently a standard used in civil cases (disputes between two or more parties, which are not criminal), but it is nevertheless important to criminal law as well. The law uses a reasonable person standard and frequently sides with the careful parties, observant to rules and risks, rather than those parties that might be deemed negligent or reckless.
Criminal negligence may be associated allowing a child to be in harms way through careless behavior. If a parent leaves a stove on and their young child unsupervised in the same room and the child burns herself, this may be considered negligence.
