Standards of care in civil and criminal liability

Professor Robert Leider compares negligence in tort and criminal law. In tort, a person can be held responsible for causing a problem if their action deviates from the standard of a “reasonable and prudent” person. For a person to be criminally liable, they must be grossly negligent, going well beyond the usual standard of care. Professor Leider gives the example of a car accident which could be caused by simple negligence or blatant recklessness such as drunk driving.

Robert Leider is an associate professor of law at the Antonin Scalia School of Law at George Mason University.

As always, the Federalist Society takes no positions on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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