Reckless Imprudence Flashcards
What are the elements of reckless imprudence resulting in damage to property? Which element is more central to the finding of guilt?
Hence, in prosecutions for reckless imprudence resulting in damage to property, whether or not one of the drivers of the colliding automobiles is guilty of the offense is a question that lies in the manner and circumstances of the operation of the motor vehicle, and a finding of guilt beyond reasonable doubt requires the concurrence of the following elements, namely:
(a) that the offender has done or failed to do an act;
(b) that the act is voluntary;
(c) that the same is without malice;
(d) that material damage results; and
(e) that there has been inexcusable lack of precaution on the part of the offender.
Among the elements constitutive of the offense, what perhaps is most central to a finding of guilt is the conclusive determination that the accused has exhibited, by his voluntary act without malice, an inexcusable lack of precaution because it is that which supplies the criminal intent so indispensable as to bring an act of mere negligence and imprudence under the operation of the penal law. This, because a conscious indifference to the consequences of the conduct is all that that is required from the standpoint of the frame of mind of the accused, that is, without regard to whether the private offended party may himself be considered likewise at fault.
