§ 6.3 DEFINITIONS

• Jurisdiction: Arizona

§ 6.3 DEFINITIONS

§ 6.3.1 Criminal Negligence/Recklessness

State v. Walton, 133 Ariz. 282, 650 P.2d 1264 (App. Div. 1, 1982)

Criminal negligence means the defendant was unaware of a substantial and unjustifiable risk, and the defendant's failure to be aware of the risk was grossly negligent. This is distinct from recklessness, where the defendant is aware of a risk but consciously disregards the risk. In either case, the risk must be "substantial and unjustifiable." If the defendant was drunk, recklessness applies.

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