Free tool · Criminal Law
Purpose, Knowledge, Recklessness or Negligence?
The Model Penal Code uses four levels of culpable mental state. A person acts purposely when it is their conscious object to cause the result, knowingly when they are aware that the result is practically certain, recklessly when they consciously disregard a substantial and unjustifiable risk, and negligently when they fail to see a risk that a reasonable person would have seen, in a way that is a gross deviation from reasonable care. Answer the questions in order to see which level the facts show.
Tool · Mental State Matcher
Recklessly
The person consciously disregarded a substantial and unjustifiable risk, in a way that is a gross deviation from how a law-abiding person would act. The key is awareness: they knew of the risk.
At common law: Close to ‘recklessness’ or ‘malice’ (conscious disregard of an unjustifiably high risk), and ‘depraved heart’ where the risk is extreme.
Example: A person drives at 100 mph through a crowded street, knowing that someone might be hit.
- It was not the person’s aim.
- They were not aware that the result was practically certain.
- They were aware of a substantial and unjustifiable risk and consciously disregarded it: recklessness.
The Model Penal Code sorts criminal mental states into four levels: purpose, knowledge, recklessness and negligence. Answer the questions in order, from the top, and the matcher gives the highest level that the facts show, with its common-law counterpart. Simplified general principles; each state has its own statutes. A teaching aid, not a prediction and not legal advice. Runs in your browser; nothing is stored or sent.
How to use it
- Start from the top: was it the person’s aim?
- Then: were they aware that the result was practically certain?
- Then: were they aware of a risk and did they consciously disregard it?
- Finally: should a reasonable person have seen the risk, in a way that is a gross deviation?
Common questions
What is the difference between recklessness and negligence?
Recklessness requires actual awareness of the risk and conscious disregard of it. Criminal negligence requires no awareness, but that a reasonable person would have been aware, and that the failure was a gross deviation from reasonable care.
Is purpose the same as knowledge?
No, but they are often treated alike. Purpose is the conscious object to cause the result, while knowledge is awareness that it is practically certain to follow.
Does civil negligence create criminal liability?
Ordinary civil negligence is not enough. Criminal liability for negligence requires a gross deviation from the standard of care.
Learn the law behind the tool
This tool is part of our Criminal Law course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Criminal Law: The Elements of a Crime.
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General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.