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What is the difference between 'criminal negligence' and 'reckless indifference'?

User SwissMark
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Final answer:

Criminal negligence refers to a failure to perceive a substantial risk, resulting in harm due to a gross deviation from reasonable care, while reckless indifference indicates a conscious disregard for a known substantial risk, showing a significant deviation from lawful conduct.

Step-by-step explanation:

The terms criminal negligence and reckless indifference refer to different states of mind relating to how an individual disregards the risks their actions pose to others. Criminal negligence occurs when an individual fails to be aware of a substantial and unjustifiable risk that his/her behavior will result in harm. The individual's failure to perceive the risk must be a gross deviation from the standard of care a reasonable person would observe in the situation.

On the other hand, reckless indifference implies that an individual is aware of the substantial and unjustifiable risk and consciously disregards that risk. This recklessness represents a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.

Both states of mind reflect a disregard for the safety of others, but the key difference lies in the individual's awareness of the risk. Criminal negligence is about an individual's failure to recognize the risk, while reckless indifference highlights a conscious disregard of the already known risk.

User Soumya Das
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