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There are now 5 comments... what are your thoughts?
  1. Jack says

    Yes, but you also know that when you are turning at a stoplight it is POSSIBLE for the steering controls in the car to malfunction causing the car to continue straight onto the sidewalk killing pedestrians. However, knowing that it was POSSIBLE for the car to malfunction and kill innocent people, you continued to make the turn.

    Does that make it your fault when it happens?

    • Perhaps a better phrasing would be “there’s a good chance it would happen” rather than merely “conceivable.” Check back to the mens rea section for more on what counts as recklessness.

      • So, if Chuck is able to demonstrate sufficient skill that one could reasonably expect the bomb to go off at 3 am and that he had observed the area at 3 am long enough to reasonably conclude that nobody would be there, is he no longer reckless?

          • Hahah, so no.

            Now theoretically, if one demonstrated great care in avoiding civillian casualties, such as checking when the cleaning crew finishes and observing traffic patterns, you might be able to argue that it really was an accident. Still, the felony murder rule would probably kick in.

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