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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.

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