Explore BrainMass

Negligence in Relation to Third Party Criminal Conduct

Discuss the legal elements of negligence and analyze them in relation to liability for third-party criminal conduct. Choose at least one court case which impacts these concepts and apply them to both.

Solution Preview

Elements of Criminal Negligence

Whereas carelessness which results in an accident is not usually considered a criminal act, in certain situations it is criminal when the defendant is reckless or criminally negligent. Recklessness, on the other hand, is considered criminal when the individual ignores a substantial risk to other people or property. One example of this kind of recklessness would be in an accident where someone is killed or severely injured as the result of drunk driving. It is by ignoring the risks of drinking and driving that would be considered reckless. (

Criminal negligence is similar to reckless behavior, but has some essentially different elements. Criminal negligence is more focused on a willful omission. When criminal negligence occurs the person often completely disregards a significant risk that has a high probability of severe ...

Solution Summary

Negligence in Relation to Third Party Criminal Conduct is clearly explored in this case. References are also provided to further validate the findings.