Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
Help about MediaWiki
Special pages
Niidae Wiki
Search
Search
Appearance
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
Mens rea
(section)
Page
Discussion
English
Read
Edit
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
View history
General
What links here
Related changes
Page information
Appearance
move to sidebar
hide
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
== Recklessness (United States: "willful blindness") == {{Main|Recklessness (law)|Willful blindness}} In such cases, there is clear subjective evidence that the accused foresaw but did not desire the particular outcome. When the accused failed to stop the given behavior, he took the risk of causing the given loss or damage. There is always some degree of intention subsumed within recklessness.<ref>Duff, R. A., & Green, S., eds., ''Philosophical Foundations of Criminal Law'' (Oxford: Oxford University Press, 2011), [https://books.google.com/books?id=szjnAgAAQBAJ&pg=PA257&redir_esc=y#v=onepage&q&f=false p. 257].</ref>{{rp|257}}<ref>Allen, M. J., & Edwards, I., ''Criminal Law'', 15th ed. (Oxford: Oxford University Press, 2019), [https://books.google.com/books?id=926fDwAAQBAJ&pg=PA81&redir_esc=y#v=onepage&q&f=false p. 81].</ref>{{rp|81}} During the course of the conduct, the accused foresees that he may be putting another at risk of injury: A choice must be made at that point in time. By deciding to proceed, the accused actually intends the other to be exposed to the risk of that injury. The greater the probability of that risk maturing into the foreseen injury, the greater the degree of recklessness and, subsequently, sentence rendered. In common law, for example, an unlawful homicide committed recklessly would ordinarily constitute the crime of [[involuntary manslaughter]]. One committed with "extreme" or "gross" recklessness as to human life would constitute murder, sometimes defined as "depraved heart" or "abandoned and malignant heart" or "depraved indifference" murder.<ref>Carlan, P., Nored, L. S., & Downey, R. A., ''An Introduction to Criminal Law'' ([[Burlington, Massachusetts|Burlington, MA]]: [[Jones & Bartlett Learning|Jones and Bartlett]], 2011), [https://books.google.com/books?id=8-tPwZyNWzkC&pg=PA82&redir_esc=y#v=onepage&q&f=false p. 82].</ref>{{rp|82}}
Summary:
Please note that all contributions to Niidae Wiki may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see
Encyclopedia:Copyrights
for details).
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)
Search
Search
Editing
Mens rea
(section)
Add topic