Meaning & use

negligence in criminal law

phrase·Advancedlegallaw

Last updated

UK/ˈneɡlɪdʒəns ɪn ˈkrɪmɪnl lɔː/
US/ˈneɡlɪdʒəns ɪn ˈkrɪmɪnl lɔː/

Meanings

  1. phrasefixed phraselegallaw

    The legal idea that a person can be guilty of a crime when they fail to take reasonable care and that failure causes serious harm.

    Grammar: Used as a noun phrase: it names a legal concept, so it takes verbs like 'establish' or 'amount to'.

    Patterns

    • establish negligence in criminal law
    • a case of negligence in criminal law
    • gross negligence in criminal law

    Proving negligence in criminal law usually requires showing that the defendant's conduct fell far below what a reasonable person would do.

    In many countries negligence in criminal law is punished only when the careless act causes death or serious injury.

  2. phrasefixed phraselegallaw

    The branch of criminal law that deals with prosecuting people for careless acts that harm others.

    Grammar: Refers to a field of study or practice, so it often follows 'in' or 'under': an expert in negligence in criminal law.

    Patterns

    • an expert in negligence in criminal law
    • study negligence in criminal law

    She teaches negligence in criminal law at the university.

    The textbook covers negligence in criminal law alongside intentional offenses.

Common combinations

gross negligence in criminal law
Gross negligence in criminal law can turn a tragic accident into a criminal charge.
establish negligence in criminal law
The prosecution must establish negligence in criminal law beyond a reasonable doubt.
a defense to negligence in criminal law
Lack of foreseeability is often a defense to negligence in criminal law.
civil versus criminal negligence
Students often confuse civil versus criminal negligence, because the same careless act can lead to both a lawsuit and a prosecution.
criminal negligence causing death
He was convicted of criminal negligence causing death after the factory fire.

Synonyms and how they differ

criminal negligence
The shorter, more common term for the same idea; 'negligence in criminal law' is used when you want to stress the legal field rather than the offense.
recklessness
A stronger standard: recklessness means the person knew the risk and ignored it, while negligence in criminal law usually means they simply failed to take proper care.

Opposites

intentdue care

Word family

negligent adjective
Failing to take proper care; the adjective form used to describe a person or act.
negligently adverb
In a careless way that fails to meet a required standard.
negligence noun
The general noun for a failure to take reasonable care, in law or in everyday life.

Commonly confused: negligence in criminal law or civil negligence? negligence in criminal law or malpractice?

negligence in criminal law vs civil negligence

Civil negligence leads to a lawsuit and compensation, while negligence in criminal law can lead to prosecution and punishment such as a fine or prison.

negligence in criminal law vs malpractice

Malpractice is professional negligence, usually by a doctor or lawyer, and is often handled in civil courts rather than as a crime.

Practice

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