Which best describes criminal negligence?

Prepare for the NYPD 2nd Trimester Test. Utilize flashcards and multiple-choice questions, with hints and explanations for each question. Ace your test!

Multiple Choice

Which best describes criminal negligence?

Explanation:
Criminal negligence is about failing to perceive a substantial and unjustifiable risk that one’s conduct could cause harm, in a way that is a gross deviation from how a reasonable person would act in the same situation. The key is the lack of awareness of risk that a reasonable person would have recognized, not a desire to cause harm. So describing someone who simply does not see the risk fits this idea. If someone is aware of the risk or actively intends to bring about a result, that would be a different mental state—recklessness or intent—rather than criminal negligence.

Criminal negligence is about failing to perceive a substantial and unjustifiable risk that one’s conduct could cause harm, in a way that is a gross deviation from how a reasonable person would act in the same situation. The key is the lack of awareness of risk that a reasonable person would have recognized, not a desire to cause harm.

So describing someone who simply does not see the risk fits this idea. If someone is aware of the risk or actively intends to bring about a result, that would be a different mental state—recklessness or intent—rather than criminal negligence.

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