Criminal Negligence

Criminal negligence is a far more serious form of negligence that usually involves the death of another individual. The defendant has failed to perceive the serious nature of his or her actions and instead precipitated a gross violation of the standard of care expected on an individual. Criminal negligence, as the name implies is not a civil lawsuit but rather a criminal matter as it violates the standard of care expected by the community. Therefore, all that is needed for a conviction is proof off the accused party’s culpability in the death of the other party and that the defendant was willfully unaware of his or her actions and its potential to hurt others. The two most common forms of criminal negligence are:
• Criminally negligent homicide
Criminally negligent homicide is willful and wanton conduct that causes the death of another.
• Negligent endangerment of a child
The neglect of a child is the failure to provide for the needs of the child and dereliction of one’s duties as a parent or caretaker. The implication in a child neglect case is that the parents lacked the mental, physical and emotional capacity to care for the child, rather than the willful abuse of the child.