The Model Penal Code (MPC) serves as a foundational guideline for understanding various concepts in criminal law, one of which is the idea of “negligence.” Under the MPC, a person acts negligently with respect to an element of an offense when they should be aware of a substantial and unjustifiable risk that the element exists or will result from their conduct.
Negligence is considered the least culpable of the four general levels of mens rea — purpose, knowledge, recklessness, and negligence — specified in the MPC. Unlike purpose and knowledge, which involve a high level of intent, or recklessness, which entails a conscious disregard of risk, negligence arises when the perpetrator fails to perceive the risks that they should have perceived.
Negligence vs. Other Levels of Culpability
It is crucial to distinguish negligence from other levels of mens rea because it carries less moral blameworthiness. While “purpose” and “knowledge” require an individual to aim for a specific result or be almost certain that their actions will lead to it, “recklessness” and “negligence” involve lesser degrees of awareness about the risk involved. The key difference between recklessness and negligence lies in the awareness of risk. In recklessness, the individual consciously disregards a substantial and unjustifiable risk, whereas, in negligence, the individual fails to perceive that such a risk even exists. This lack of perception differentiates negligence from recklessness, making it less culpable but still punishable under the law.
The Subjective-Objective Nexus in Negligence
Under the MPC, negligence involves a somewhat hybrid subjective-objective standard. While the perpetrator did not subjectively intend to cause harm, the objective component considers what a “reasonable person” should have been aware of under the same circumstances. The law assumes that a reasonable person would have perceived the substantial and unjustifiable risks that the negligent individual failed to see. Consequently, the reasonable person test is instrumental in gauging whether an individual’s actions were negligent according to a societal standard of care, rather than their own personal understanding of risk.
How Negligence Interacts with Specific Offenses
When it comes to specific criminal offenses, the MPC states that if a statute prescribes a culpable mental state, such as negligence, it applies to all elements of the crime unless otherwise stated. This means that for an offense to be deemed negligent, all its elements must meet the negligence standard. For instance, in negligent homicide, not only must the act of causing death be negligent, but the defendant must also have neglected to perceive the substantial and unjustifiable risk that their actions could cause such a death.
The Importance of Negligence in Criminal Liability
In summary, the concept of negligence is significant in criminal law as it helps courts determine the level of blameworthiness of an individual’s conduct when they have not acted with express intent or awareness. Negligence serves as the boundary between innocent mistakes and conduct that society deems morally and legally unacceptable. By codifying negligence and distinguishing it from other levels of mens rea, the Model Penal Code provides a nuanced framework that allows for a more equitable and precise assignment of criminal liability.
Key Terms
Conduct, Direct Evidence, General Intent, Indirect Evidence, Knowingly, Negligently, Purposely, Recklessly, Specific Intent, Transferred Intent
References and Further Reading
“Mens Rea.” Encyclopedia of Crime and Justice.
Available: http://www.encyclopedia.com/law/legal-and-political-magazines/mens-rea
“Specific Intent.” West’s Encyclopedia of American Law.
Available: http://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/specific-intent
“Strict Liability.” Encyclopedia of Crime and Justice.
Available: http://www.encyclopedia.com/law/legal-and-political-magazines/strict-liability
Modification History File Created: 07/12/2018 Last Modified: 08/29/2023
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
