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Old 02-10-2013, 10:39   #3
Sam Spade
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Originally Posted by ScottieG59 View Post
Additionally, a dumb lack of judgement is not the same as a deliberate criminal act. Our prosecutors should be able to differentiate between criminal intentions and a mistake.
Here in gun-friendly AZ, that would be a reckless display of a firearm. Here's the definition of criminal negligence from the Model Penal Code:

"A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation."

There's a similar definition for criminal recklessness. So, yes, there actually is such a thing as "criminal stupidity".
"To spit on your hands and lower the pike; to stand fast over the body of Leonidas the King; to be rear guard at Kunu-Ri; to stand and be still to the Birkenhead Drill; these are not rational acts. They are often merely necessary." Pournelle
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