Criminal lawLesson 2 of 4 in the course Mens rea

Recklessness: Mental States, Tests, and Legal Contexts

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

For an offence of ordinary liability, the prosecution generally must prove both the actus reus and the required mens rea.

A person is not ordinarily guilty merely because their conduct caused a prohibited result. The prosecution must also establish the relevant mental state at the legally relevant time. Depending on the offence, that state may be intention, knowledge, recklessness, or negligence. Some offences are strict or absolute liability offences and operate differently.

All flashcards

How does recklessness differ from intention?
Recklessness involves consciously taking an unjustified risk without necessarily wanting the result; intention involves the relevant aim or purpose.
What is wilful blindness?
Deliberately avoiding inquiry despite suspecting that a relevant fact or risk may exist; it may satisfy a knowledge requirement depending on the law.
How does negligence commonly differ from recklessness?
Negligence commonly involves failing to use reasonable care, including failing to notice a risk; recklessness ordinarily involves awareness of a risk.
What is a hybrid test of mental state?
An approach combining the defendant’s actual awareness with an objective assessment of an issue such as whether taking the risk was reasonable.
How can recklessness affect a U.S. bankruptcy case?
A debt arising from recklessness may be treated differently from a debt arising from a willful and malicious injury, which may be nondischargeable.

Quiz questions

  1. What must the prosecution generally prove for an offence of ordinary criminal liability?Answer: The actus reus and the offence’s required mens rea.
  2. Under Cunningham recklessness, what must the defendant have foreseen?Answer: That the particular kind of harm might occur.
  3. Under the historical Caldwell approach, when could a defendant be treated as reckless despite not considering a risk?Answer: When the risk would have been obvious to an ordinary prudent person.
  4. What is the general recklessness test restored for criminal damage by R v G?Answer: The defendant was aware of a risk, and taking it was unreasonable in the circumstances known to them.
  5. In U.S. tort law, what is a purpose of punitive damages for reckless conduct?Answer: To punish or deter especially blameworthy conduct.

Based on the Wikipedia article Recklessness (law), licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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