As with ALL things in 'life' I am sure there are instances of this occurring. HOWEVER, that is why there are trials and juries, so that the accused HAS the opportunity to present this defense.
There are certain required states of mind that can lead to criminal punishment. There are two states of mind that may be related to carelessness as opposed to wilfulness that can lead to criminal charges in certain circumstances. Illinois law defines these as follows: 720 ILCS 5/4‑6) (from Ch. 38, par. 4‑6)
Sec. 4‑6. Recklessness.
A person is reckless or acts recklessly, when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the statute defining the offense; and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. An act performed recklessly is performed wantonly, within the meaning of a statute using the latter term, unless the statute clearly requires another meaning.
(Source: Laws 1961, p. 1983.)
(720 ILCS 5/4‑7) (from Ch. 38, par. 4‑7)
Sec. 4‑7. Negligence.
A person is negligent, or acts negligently, when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the statute defining the offense; and such failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in the situation.
(Source: Laws 1961, p. 1983.)
For more information see the related links below.
Guilty of crime or sin., Involving a crime; of the nature of a crime; -- said of an act or of conduct; as, criminal carelessness., Relating to crime; -- opposed to civil; as, the criminal code., One who has commited a crime; especially, one who is found guilty by verdict, confession, or proof; a malefactor; a felon.
A criminal subpoena is an official notice to appear, issued by the court, regarding a criminal (as opposed to civil) matter.
civil court is where lawsuits are heard as opposed to criminal court where crimes are heard.
The term is "defense of others" (as opposed to "self-defense"). For example, see http://www.jud.ct.gov/JI/criminal/Part2/2.8-1.htm, which includes part of the State of Connecticut's criminal jury instructions.
An occasional criminal would be someone who on occasion might shoplift, or take leave a restaurant and not pay for their meal. A professional criminal, makes his or her living by illicit dealings. Their criminal activity is constant as opposed to only infrequently.
None of the statements contained in the question are correct. Torts are civil wrongs, as opposed to criminal offenses.
The conflict model (non-System perspective or system conflict theory) of criminal justice argues that the organizations of a criminal justice system either do, or should, work competitively to produce justice, as opposed to cooperativelyThe Consensus Model or Systems Perspective of criminal justice argues that the organizations of a criminal justice system either do, or should, work cooperatively to produce justice, as opposed to competitively.[1]
If you mean as opposed to just a plain traffic ticket offense? Yes, it is.
In a civil trial the standard is "preponderance of the evidence" as opposed to a criminal trials "beyond a reasonable doubt".
Federal criminal charges are when a crime has been committed specifically against a federal law. Simple criminal charges are more general and the crime might have been committed against a federal or national law.
A tort IS a civil, as opposed to a criminal, wrong.
"Tort" implies a 'civil' offense. It is a suit for violation of "civil" law as opposed to a violation of "criminal" law.