Criminal Negligence - Ignorance Is No Defense
49729
Reference & Education > Legal
Oct 16, 2007
apmehta
Criminal Negligence - Ignorance Is No Defense
Criminal negligence indicates the lowest level of responsibility or guilt, criminal intention being the highest. Gross negligence and criminal recklessness share the same intermediate level. What pushes an act over the line from criminal to gross negligence is the fact that the offender COULD foresee the prohibited or criminal consequences of his actions. Criminal recklessness, on the other hand, indicates the offender knew that he was exposing another person or entity to potential injury. Guilt is determined by the offender's agreeing to run that risk. Some acts of this crime have more to do with crimes of omission. Guilt is determined by the offender's not foreseeing the results of his actions, allowing otherwise avoidable dangers or consequences to happen. If the offender deliberately puts himself in a position where he won't be aware of the consequences of his actions, then criminal negligence can turn into willful blindness. Just like willful blindness, "not knowing" is NOT an acceptable defense and the defendant can still be held criminally liable for the results of his actions. The punishments for this crime vary widely, but incarceration is very common. If the offender is legally declared insane, he may be removed to a state-run facility for treatment purposes. Criminal Negligence - Common Cases Criminal negligence also arises from acts that are careless or work that is slipshod. Two common cases of criminal negligence have to do with criminally negligent homicide and negligent child endangerment. The most controversial cases have to do with slipshod or neglectful healthcare. To prove any 'fault' of any healthcare practitioner (e.g., doctor, nurse, medical technologist, etc.) the plaintiff needs to prove four things: 1. Duty of Care 2. Breach of Standard Healthcare 3. Loss or Injury 4. Causation (link between an offender's action and the resulting loss/injury) Criminal Negligence - The Greenpeace Case Another common application of the crime has to do with the culpability of corporations or organizations for the way they do business or implement policies. Oftentimes, violators are charged with criminal negligence even if the full consequences of their neglectful behavior never occur. In May 2005, Greenpeace was found guilty of criminal negligence resulting from its anti-logging efforts in Alaska. The criminal action resulted from a Greenpeace ship crossing into Alaskan waters without the necessary paperwork. Carrying over 70,000 gallons of petroleum products, the ship headed for an Alaskan National Forest for its anti-logging campaign. The state of Alaska has laws that require such vessels to file an oil-spill response/prevention plan at least five days before the vessel enters state waters. Although Greenpeace didn't file the plan within the given period they quickly corrected the oversight. However, the ship's captain was still convicted on three counts of criminal negligence. Criminal negligence in Alaska has maximum penalties of 12 months in prison and $10,000 for a person and a fine of $200,000 payable by the offending organization. Needless to say, the penalties would've been much more severe if an oil spill did take place. But this case clearly shows that even a threat of danger due to 'low-level' negligence can be prosecuted in court.
We all want to think we are safe but are we? If you want to know more about the different types of crimes committed today, RecordsSiteReviews.com is offering FREE ACCESS to its Criminal Records Information section. If you have a nagging suspicion on someone, run a criminal check on him or her today!
send email to apmehta
Write a Review
Add to My Favorite
Refer it to Friend
Report Article
Other links owned by this user
ERISA (Employee Retirement Income Security Act) is a federal law passed in 1974 governing the management of benefit plans for both employees and their beneficiaries.
Category:
The word antitrust was first widely used when the US government began drafting policies to fight the creation of business trusts. More known today as cartels, trusts tend to promote unfair corporate practices and monopolies.
Category:
Accounting fraud often involves complex tactics; sometimes performed with the knowledge, consent, and/or cooperation of top execs...
Category:
Do you know of someone who has committed bank fraud? Or maybe you are supecting someone...
Category:
Learn more about cloning and decide for yourself if it is a crime.
Category:
Animal abuse is considered a minor crime and as such carries minimal penalties that are usually no longer pursued. However, the inferences that can be drawn from psychological state of the animal abuser have, according to the FBI, proven to be very seriou
Category:
Other links at Reference & Education > Legal
In most of the United States, erotic massage is considered a form of prostitution, and is therefore illegal. Massage as a practice in the US is heavily regulated by respective state boards, almost all of which prohibit any act deemed inappropriate for a t
Category:
By the time Jim had seen an attorney, he had lost valuable time dealing with his auto accident lawsuit.
Category:
Animal abuse is considered a minor crime and as such carries minimal penalties that are usually no longer pursued. However, the inferences that can be drawn from psychological state of the animal abuser have, according to the FBI, proven to be very seriou
Category:
Finding out that your loved one has been abused or neglected while in a nursing home is a devastated feeling.
Category:
The banking industry in Thailand forms an essential segment of the nation's financial services industry. In other words, banking sector in Thailand is well-established.
Category:
Site Sponsor
Directory Statistics
Articles: 68252
Categories: 501
Yahoo Entertainment
