How Negligence is Applied in Criminal Cases
July 29, 2010
How Criminal Negligence Differs from Civil Cases
When it comes to legal action against individuals, a distinction usually has to be made between civil and criminal action. Civil cases often involve injuries and damage caused through an accident, reckless behavior, or negligence on the part of another person. Civil cases typically involve the punitive measures like fines and required payments to compensate injured persons for the damage caused.
In some cases, persons who cause a serious accident or injury to others may face criminal charges for their actions. Much like civil cases, where proving negligence is a big factor in determining a person’s responsibility for the injuries, persons may face criminal charges if they are found to be guilty of criminal negligence.
While civil negligence often requires persons found liable for injuries to pay for medical bills, lost wages, pain, suffering, and other damages, criminal negligence may carry heavier penalties, including loss of freedom, probation, and other punitive actions. In order to demonstrate criminal negligence, the prosecution typically must show:
The person who committed the action was in a certain mental state
The person’s mental state shows a failure to recognize the substantial risk and unnecessary actions that he or she has taken
Criminal negligence must show that the individual drastically veered away from behavior that would be considered normal for a person in society
In behaving in such a strange manner, the person caused serious injury to others or serious property damage
When attempting to prove that a person was criminally negligent, the prosecution usually has to show that the person showed a disregard for human life or indifference to the consequences of his or her actions. This gross disregard for considerations that other people in society would typically have is usually considered to be “criminal negligence”.
If you have been injured in an accident or event that was caused by someone else’s negligent or reckless actions, you may be able to pursue civil action. If the persons actions were grossly negligent or if he or she showed blatant disregard for the safety and well-being of others, they may face serious criminal penalties.
Persons who have been wrongly accused of criminal negligence have the right to defend themselves in a court of law. For more information, visit the website of the Boca Raton criminal defense lawyers of Eric N. Klein & Associates.
See Also : personal injury lawsuit personal injury lawyers
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