
09-10-2005, 10:25 AM
|
 |
Addicted Ledgie
|
|
Join Date: Nov 2003
Location: By the sea.
Posts: 10,583
|
|
Quote:
|
Originally Posted by irishgrl
more from Wikipedia:
Criminal negligence
Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal liability. Some distinguish recklessness from negligence; recklessness is a 'malfeasance' that increases the danger of an act occurring; whereas criminal negligence is a 'misfeasance or 'nonfeasance,'merely allowing otherwise avoidable dangers to manifest. This is an example of the difference between a general intent crime and a specific intent crime with recklessness being more specific than criminal negligence. UM, JASON? In some cases this 'nonfeasance' can rise to the level of willful blindness where the individual intentionally avoids confronting a situation that no reasonable person would ever allow to occur. (can I hear a DUH? boys and girls?) Gross criminal negligence is behaviour which involves a "wanton disregard for human life." Of course, in all these cases if the actus reus or bad act never occurs then there is no crime as both elements are necessary under the criminal common law to sustain a guilty conviction.
Usually the punishment for criminal negligence, criminal recklessness, criminal endangerment, willful blindness and other related crimes is imprisonment, unless the criminal is insane (OR THE PRESIDENT OF THE UNITED STATES) (and then in some cases the sentence is indeterminate). Examples of criminally negligent crimes are criminally negligent homicide and negligent endangerment of a child
personally, I cant see Monkey boy actually being intelligent enuff to have a criminal intent (mens rea) but I have NO problem envisioning him to have an actus rea (negligent act) because he is SO dependent upon his advisors about what to do, and I dont think ANY of them saw this coming......
|
Is criminal negligence an impeachable offense? Also, Dubya does not operate on ethics. I would love for a reporter to ask him to define ethics.
__________________
~Suzy
|