Monday, August 2, 2010

The difference between intention and negligence

In crimes of intention the accused is blameworthy because he knew or foresaw that his conduct was forbidden and that is was unlawful but nevertheless proceeded to engage in the conduct. In crimes of negligence, on the other hand, the accused is blameworthy because he did not know or foresee something or did not do something, although according to the standards of the law he should have known or foreseen something or should have performed an act.


Intention therefore always has a positive character: the accused willed or knew or foresaw something. Negligence, on the other hand, always has a negative character: the accused did not will or know or foresee something, although according to the standards of the law he should have known or foreseen it.

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