Criminal negligence (sometimes called culpable negligence) means recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others. State v. Jones, 353 N.C. 159 (2000); State v. Early, 232 N.C. 717, 720 (1950). The showing required to establish criminal negligence is less than the level of recklessness required to show malice for purposes of second-degree murder. State v. Mack, ___ N.C. App. ___, 697 S.E.2d 490, 494 (2010) (comparing culpable negligence to malice and concluding that for purposes of second-degree murder, the conduct must be done recklessly or wantonly as to manifest depravity of mind and disregard of human life). It is, however, more than the deviation from reasonable conduct required for civil tort liability. State v. Everhart, 291 N.C. 700, 702 (1977); State v. McAdams, 51 N.C. App. 140 (1981). Examples of cases in which the evidence was sufficient to establish culpable negligence include: A juvenile failed to render aid with due caution to a victim who became sick after ingesting a drug provided by the juvenile and after the juvenile undertook some efforts to provide help. In Re Z.A.K., 189 N.C. App. 354, 359-60 (2008). When the defendant attempted to remove a bullet from a gun he was unloading, the gun went off, fatally shooting another person in the room. State v. Replogle, 181 N.C. App. 579 (2007); see also McAdams, 51 N.C. App. at 142 (with a loaded rifle pointing at his wife, the defendant attempted to force [...]
Faculty Coordinators
