A defendant was speeding through a residential neighborhood when they struck and killed a pedestrian in a crosswalk. The defendant was aware that the area was populated with pedestrians but decided to drive at twice the posted speed limit. What is the most appropriate type of criminal liability for this killing?
The correct answer is 'Recklessness' because the defendant consciously disregarded a substantial and unjustifiable risk by driving at twice the speed limit in a pedestrian-heavy area. Recklessness involves awareness of a risk and engaging in the conduct anyway. 'Negligence is incorrect because negligence deals with a failure to perceive the risk, rather than the conscious disregard shown here. 'Intentional' and 'knowing' are not suggested in these facts.
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What is Recklessness in criminal law?
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How does Negligence differ from Recklessness?
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What are the implications of being charged with Recklessness?