California POST Training Practice Test

What is defined as the failure to exercise ordinary care in a criminal context?

1. Mens Rea

2. Criminal Intent

3. Criminal Negligence

4. Actus Reus

The correct answer is: Criminal Negligence

The concept defined as the failure to exercise ordinary care in a criminal context is criminal negligence. This legal standard indicates a lack of reasonable care that results in harm or potential harm to another person. In criminal law, it involves a gross deviation from a reasonable standard of care that a typical person would exercise under similar circumstances. Criminal negligence goes beyond mere carelessness; it suggests an extreme disregard for the safety and lives of others. For instance, if someone operates a vehicle while intoxicated and causes an accident, their actions might qualify as criminal negligence because they failed to uphold the expected standard of care that could have prevented the harm. In contrast, mens rea refers to the mental state or intent of an individual while committing a crime, which is not the same as negligence. Criminal intent involves a purposeful or knowing decision to commit a crime, while actus reus refers to the physical act of committing the crime. Both mens rea and actus reus are different from the concept of negligence, as they focus on intentionality and the actions taken, rather than the failure to act with ordinary care.