VEHICULAR MANSLAUGHTER – COMPARISON OF “GROSS NEGLIGENCE” WITH “CRIMINAL NEGLIGENCE”
VEHICULAR MANSLAUGHTER – COMPARISON OF “GROSS NEGLIGENCE” THAT IS AN ELEMENT OF VIOLATION OF OFFENSE DEFINED IN CRIMINAL LAW ARTICLE §2-209 WITH “CRIMINAL NEGLIGENCE”
December 21, 2011
The Honorable Joseph I. Cassilly
State’s Attorney for Harford County
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The New York court also differentiated between “negligence,” as used in civil cases, and “criminal negligence”:
Criminal liability cannot be predicated on every act of carelessness resulting in death ..... The carelessness required for criminal negligence is appreciably more serious than that for ordinary civil negligence[;]the carelessness “must be such that its seriousness would be apparent to anyone who share[s] the community’s general sense of right and wrong”.... Criminal negligence thus requires “some serious blameworthiness in the conduct that caused [the death]”... or some culpable “risk creation” ....
http://www.oag.state.md.us/Opinions/2011/96oag128.pdf
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