Also known as: gross deviations from the standard of conduct · recklessness · criminal negligence
Written by attorneys · grounded in primary & secondary sources — see below
A measure of culpability for recklessness or criminal negligence that requires the actor's conduct to depart substantially from what a law-abiding or reasonable person would observe in the same situation. The departure must involve conscious disregard of a substantial and unjustifiable risk of such a nature and degree that the disregard itself constitutes the gross deviation.
Guillermo Guzman approved a live forklift stunt without rehearsals or barriers after receiving an engineer's report warning of probable death. He dismissed suggestions to reduce speed because ratings justified the risk. The resulting collision killed a contestant. The approval showed a gross deviation from the standard of conduct a law-abiding producer would follow.
Gretchen Graham directed an exhausted driver to complete an overnight icy route after he reported nearly falling asleep. She overrode his protests to avoid overtime costs. The bus later crashed and killed a passenger. Her decision consciously disregarded a known lethal risk and amounted to a gross deviation from the standard a law-abiding dispatcher would observe.
Select any source to read its text and confirm it supports the definition.
Greta Goldstein shoved a heavy display cart through a crowded aisle without warning shoppers. The cart bumped Maria and caused her to feel demeaned. The conduct created an unreasonable risk of offensive contact. Because the manager lacked intent to cause the contact, the action did not meet the gross deviation standard required for recklessness.
Gavin Grant shoved a colleague during a confrontation over unauthorized securities sales. The shove caused the colleague to fall through glass and die. The battery was a misdemeanor committed while the felony was ongoing. The direct causation of death through the unlawful act satisfied the gross deviation element for involuntary manslaughter.
George Garcia and Guadalupe Gallegos entered a restricted storage room to steal devices. George injected an elderly patient with an unauthorized sedative to clear the path. The patient suffered respiratory arrest and died. Their reckless creation of the situation made the justification defense unavailable because the gross deviation established culpability.
Grandview Holdings employee Max wrapped an extension cord around a student's neck and pulled for several minutes after a plagiarism dispute. The student died from asphyxiation. Max claimed he only meant to frighten the student. The sustained force on a vital area created a risk level exceeding the gross deviation required for involuntary manslaughter and supported murder instead.
Recklessness requires conscious disregard of a substantial risk where the disregard itself is a gross deviation from the standard a law-abiding person would observe. Negligence requires only that the actor should have been aware of the risk and failed to perceive it. The MPC and common law both treat the conscious disregard plus gross deviation as the higher culpability.
Supporting sources
Yes. Common law involuntary manslaughter uses the standard to define criminal negligence or recklessness that creates a high risk of death. The MPC uses the identical language to define recklessness sufficient for manslaughter. Both require the deviation to be substantial when measured against a reasonable or law-abiding person in the actor's situation.
Supporting sources
Explicit warnings of probable death, rejection of feasible safety measures, and pursuit of commercial gain despite known lethal danger demonstrate the required deviation. The actor must have been aware of the risk and chosen to proceed anyway. Industry practice or cost concerns do not excuse the disregard when the risk is obvious and high.
Supporting sources
…extensive inroads upon the requirement of intention, however, are offenses of negligence, such as involuntary manslaughter or criminal negligence and the whole range of crimes arising from omission of duty. Cf. Commonwealth v. Welansky , 316 Mass. 383, 55 N.E. 2d 902 (1944). [^maj-9]: Holmes, The Common Law, considers intent in the…